Judge: Jill Feeney, Case: 20STCV39597, Date: 2023-01-20 Tentative Ruling
Case Number: 20STCV39597 Hearing Date: January 20, 2023 Dept: 30
Department 30, Spring Street Courthouse
January 20, 2023
20STCV39597
Motion to Be Relieved as Counsel for Plaintiff filed by Stacey R. Cutting
DECISION
The motion is granted.
Counsel is to serve the signed MC-053 on Plaintiff and all other parties.
The Court's Ruling and
Attorney's relief as Counsel of record for client is not effective until Proof
of Service of the Order signed by the Court upon the client is filed in this
action. Until then, counsel continues to
be counsel of record. Cal. Rules of
Court 3.1362(e).
Proof of service must be filed within five court days after the date of this order.
Background
This is an action for negligence arising from a vehicle collision that took place in October 2018. Plaintiff Willy Perrymon filed his Complaint against Defendants Kyle Shores, Deborah Shores, Lisa Anujarerat, and Amazon on October 15, 2020.
On December 21, 2022, Stacey R. Cutting filed the instant motion to be relieved as counsel.
Summary
Moving Arguments
Counsel Stacey R. Cutting seeks to be relieved as counsel for Plaintiff Willie Perrymon. Counsel cites a breakdown in the attorney-client relationship.
Opposing Arguments
None.
Legal Standard
“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).)
Discussion
Counsel seek to be relieved as counsel for Plaintiff Willie Perrymon.
Counsel filed a Notice of Motion and Motion to Be Relieved as Counsel (MC-051), an Order Granting Attorney’s Motion to Be Relieved as Counsel (MC-053), and a Declaration in Support of Attorney’s Motion to Be Relieved as Counsel (MC-052) on the appropriate forms, as outlined within California Rules of Court, rule 3.1362, subdivisions (a), (c), and (e). (Cal. Rules of Court, rule 3.1362, subd. (a), (c), (e).)
Counsel served Plaintiff by mail at his last known address which she confirmed via telephone within 30 days prior to filing this motion. (MC-052 Item #3.) Plaintiff will not be prejudiced if Counsel’s motion is granted. The next hearing in this matter is a final status conference set for March 9, 2023. Trial is set for March 23, 2023. There is sufficient time for Plaintiff to engage new counsel and/or request a continuance before trial. The Court is satisfied that Counsel has a compelling reason to withdraw. (MC-052, Item #2.)
