Judge Jill Feeney, Case 20STCV32160 2023-02-09 Tentative Ruling

Department 30, Spring Street Courthouse

Motion to Be Relieved as Counsel filed by Anthony Werbin, Counsel for Plaintiff David Calderon

The motion is denied without prejudice.

Moving party to provide notice.

This is an action for negligence arising from a scooter accident which took place in September 2018. Plaintiff David Calderon filed his Complaint against Defendants Bird Rides, Inc. and Segway, Inc. on August 24, 2020.

On December 16, 2022, Anthony Werbin filed the instant motion to be relieved as counsel.

On January 10, 2023, the Court continued this matter to allow counsel to correct deficiencies with the motion.

Counsel Anthony Werbin seeks to be relieved as counsel for Plaintiff. Counsel cites a breakdown in attorney-client communication. Counsel has not been able to contact Plaintiff.

“The question of granting or denying an application of an attorney to withdraw as counsel (Code Civ. Proc., § 284, subd. (2)) is one which lies within the sound discretion of the trial court ‘having in mind whether such withdrawal might work an injustice in the handling of the case.’ [Citation.]” (People v. Prince (1968) 268 Cal.App.2d 398, 406 [internal quotations omitted].) The court should also consider whether the attorney’s “withdrawal can be accomplished without undue prejudice to the client’s interests.” (Ramirez v. Sturdivant (1994) 21 Cal.App.4th 904, 915.)

California Rules of Court, rule 3.1362 requires that the following be submitted in support of an attorney’s Motion to Be Relieved as Counsel pursuant Code of Civil Procedure section 284, subdivision (2): (1) a notice of motion and motion directed to the client (made on Notice of Motion and Motion to Be Relieved as Counsel—Civil (Judicial Council Form, MC-051)); (2) a declaration stating in general terms and without compromising the confidentiality of the attorney-client relationship why a motion under Code of Civil Procedure section 284, subdivision (2) is brought instead of filing a consent under Code of Civil Procedure section 284, subdivision (1) (made on Declaration in Support of Attorney’s Motion to Be Relieved as Counsel—Civil (Judicial Council Form, MC-052)); (3) a proof of service evidencing service of the notice of motion and motion, declaration, and proposed order on the client and on all other parties who have appeared in the case; and (4) a proposed order relieving counsel (prepared on Order Granting Attorney’s Motion to Be Relieved as Counsel—Civil (Judicial Council Form, MC-053)). (Cal. Rules of Court, rule 3.1362, subd. (a), (c), (d), (e).)

The Court previously continued the hearing on this matter because counsel (1) failed to confirm that Plaintiff’s address was current and (2) did not include Plaintiff’s phone number on MC-053,

Counsel’s forms now state that he served Plaintiff by mail at her last known address and could not confirm that the address was current. (MC-052 Item #3.) Counsel made efforts to confirm the address by calling Plaintiff’s last known telephone number. (MC-052 Item #3(b)(2).) However, calling Plaintiff’s last-known telephone number alone is insufficient. Counsel must make more reasonable efforts to contact Plaintiff.

Counsel’s MC-053 now includes Plaintiff’s telephone number.

The Court further notes that the form must be completed by Plaintiff’s counsel of record, Daniel Azizi. Here, the forms have been completed by another attorney.