Department 30, Spring Street Courthouse

December 20, 2022

21STCV08672

Motion to Be Relieved as Counsel for Plaintiff filed by Ethan P. Niedermeyer

The motion will be granted pending the appearance of Plaintiff’s Counsel and his provision of a phone number of Plaintiff which the Court will enter at Item 4 of the MC-053.

Counsel must file proof of service of the signed MC-053 on Plaintiff and all other parties within five court days after the date of this order.

This is an action for motor vehicle negligence, and negligence arising from a vehicle collision that took place in May 2019. Plaintiff Sharareh Allage filed her Complaint against Stephanie Lopez and Guillermo Lopez on March 4, 2021.

On November 10, 2022, Ethan P. Niedermeyer filed the instant motion to be relieved as counsel.

Counsel Ethan P. Niedermeyer seeks to be relieved as counsel for Plaintiff. Counsel cites irreconcilable differences as to the future course of this action. 

None.

“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).)

Counsel seeks to be relieved as counsel for Plaintiff Sharareh Allage. 

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 her last known address which he confirmed within 30 days prior to filing his 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 scheduled for February 22, 2023. Trial is set for March 8, 2023. There is sufficient time for Plaintiff to engage new counsel before trial and/or to request a continuance. The Court is satisfied that Counsel has a compelling reason to withdraw as counsel given the irreconcilable differences causing a breakdown of the attorney-client relationship. (MC-052, Item #2.)

Counsel must include Plaintiff’s telephone number on form MC-053 in Item number 4.