Judge: Jill Feeney, Case: 21STCV06322, Date: 2022-10-04 Tentative Ruling
Case Number: 21STCV06322 Hearing Date: October 4, 2022 Dept: 30
Department 30, Spring Street Courthouse
October 4, 2022
21STCV06322
Motion to Be Relieved as Counsel for Defendant Gabriel Arthur Sanchez filed by Duncan Justice, Brian J. Triplett, and Michael E. Gallagher
DECISION
The motion is granted.
Counsel are to serve the signed MC-053 on Defendant and to file proof of service within five court days after the date of this order.
Moving party to provide notice.
Background
This is an action for motor vehicle negligence and general negligence arising from a vehicle collision which took place in February 2019. Plaintiff Derrick Mingo was a passenger in an uber which Defendant Gabriel Arthur Sanchez allegedly struck when making a U-turn. Plaintiff filed his complaint on February 17, 2021.
On May 16, 2022, Duncan Justice, Brian Triplett, and Michael E. Gallagher filed the instant motion to be relieved as counsel.
On September 9, 2022, the Court ordered Counsel to file an amended MC-053 listing all future court dates, list the correct department, and list the full address of the courthouse for all future proceedings.
Summary
Moving Arguments
Justice, Triplett, and Gallagher (“Counsel”) seek to be relieved as counsel for Defendant. Counsel cites an inability to communicate with Defendant and states Defendant does not understand or want to understand the purpose of their retention.
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
On September 9, 2022, the Court ordered Counsel to file an amended MC-053 to cure deficiencies with their petition. Counsel filed the amended MC-053 on September 12, 2022. Counsel’s corrected MC-053 now includes the remaining hearings in this matter, the correct department, court address. Counsel complied with the Court’s order.
