Judge: Jill Feeney, Case: 21STCV16287, Date: 2022-08-18 Tentative Ruling
Case Number: 21STCV16287 Hearing Date: August 18, 2022 Dept: 30
Department 30, Spring Street Courthouse
August 18, 2022
21STCV16287
Motion to Be Relieved as Counsel filed by Alvin Lindsay (Plaintiff’s counsel)
DECISION
The motion is granted.
Counsel is ordered to serve a signed copy of the MC-053 on Plaintiff and to file proof of such service within five court days after the date of this order.
Background
This is an action for motor vehicle negligence and general negligence arising from a vehicle-bus collision which took place in May 2019. Plaintiff Debbie Fleming filed her Complaint on April 30, 2021.
On July 7, 2022, Plaintiff’s Counsel, Alvin Lindsay of the David Yeremian & Associates, Inc. filed the instant motion to be relieved as counsel for Plaintiff Debbie Fleming.
Summary
Moving Arguments
Alvin Lindsay (“Counsel”) seeks to be relieved as counsel for Plaintiff. Counsel cites a breakdown of 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 seeks to be relieved as counsel for Plaintiff Debbie Fleming.
Counsel filed a Notice of Motion and Motion to Be Relieved as Counsel (MC-051), Declaration in Support of Attorney’s Motion to Be Relieved as Counsel (MC-052), and Proposed Order Granting Attorney’s Motion to Be Relieved as Counsel (MC-053) on all 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 at her last known address. (MC-052, Item #3(a).) Counsel has been unable to confirm Plaintiff’s address or locate a more current address after calling the client’s last known phone number. (MC-052, Item #3(b)(2).) In support of his motion, Counsel attaches the last correspondence with Plaintiff which recommends that she dismiss her suit. (MC-051 attachment.)
The next hearing in this matter is set for October 14, 2022. (MC-052, Item #4.) Trial is set for October 28, 2022. (MC-052, Item #6.) Counsel properly noted the remaining actions in this case. (MC-052 Item #5; MC-053 Items #7, 8.) There is sufficient time for Plaintiff to engage new counsel or to request a continuance of the trial date.
The Court is satisfied that Counsel has a compelling reason to withdraw as counsel given the breakdown of the attorney-client communication. (MC-052, Item #2.)
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).
