Department 30, Spring Street Courthouse

January 9, 2023

21STCV17114

Motion to Be Relieved as Counsel filed by Michael D. Payne, Counsel for Plaintiff George Mahr

The motion is granted.

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). 

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

This is an action for negligence arising from a trip and fall incident which took place in June 2019. Plaintiff George Mahr filed his Complaint against Defendants Golden Eda International Properties, LLC, Golden Globe Investments, LLC, and Lyfestyle Properties, LLC on May 6, 2021.

On December 13, 2022, Michael D. Payne filed the instant motion to be relieved as counsel. 

Moving Arguments

Counsel Michael D. Payne seeks to be relieved as counsel for Plaintiff. Counsel cites irreconcilable differences with Plaintiff.

Opposing Arguments

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 George Mahr. 

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 he confirmed as Plaintiff’s current address by telephone 30 days before 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 August 2, 2023. Trial is set for August 16, 2023. There is sufficient time for Plaintiff to engage new counsel before trial and/or request a continuance. The Court is satisfied that Counsel has a compelling reason to withdraw as counsel given the irreconcilable differences between Counsel and Plaintiff. (MC-052, Item #2.) 

Counsel’s Motion to be Relieved as Counsel for Plaintiff George Mahr is GRANTED.