Department 30, Spring Street Courthouse

July 29, 2022

21STCV20402

Motion to be Relieved as Counsel

The motion is granted.

Counsel is ordered to serve the signed MC-053 on Plaintiff within 10 days after the date of this order.  Counsel is further ordered to file proof of service of the signed MC-053 within 15 days after the date of this order. Counsel is not relieved until this proof of service is filed.

On June 1, 2021, Plaintiff Troy Jermaine Harvey (“Plaintiff”) filed a complaint against Defendant 15631 Avalon, Inc. dba Farmers Liquor, and Does 1-50 inclusive (“Defendant”) alleging cause of action for Negligence ¬– Premises Liability. This action arises out of a fall that occurred on August 14, 2019.

On June 24, 2022, Plaintiff’s counsel, Justin Rabi, filed this motion to be relieved as counsel. 

On July 21, 2022, Plaintiff’s counsel filed a Proof of Service of this motion on Plaintiff.  

Trial is set for November 29, 2022.  

California Rule of Court rule 3.1362 (Motion to Be Relieved as Counsel) requires (1) notice of motion and motion to be directed to the client (made on the Notice of Motion and Motion to be Relieved as Counsel—Civil 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(2) is brought instead of filing a consent under Code of Civil Procedure section 284(1) (made on the Declaration in Support of Attorney's Motion to Be Relieved as Counsel—Civil form (MC-052)); (3) service of the notice of motion and motion and declaration on all other parties who have appeared in the case; and (4) the proposed order relieving counsel (prepared on the Order Granting Attorney's Motion to Be Relieved as Counsel—Civil form (MC-053).

The court has discretion to allow an attorney to withdraw, and such a motion should be granted provided that there is no prejudice to the client, and it does not disrupt the orderly process of justice. (See Ramirez v. Sturdevant (1994) 21 Cal.App.4th 904, 915.)

The Court finds that Counsel has properly filled out the MC-051 Motion. Counsel has filed a MC-052 Declaration informing the Court that there is a breakdown in communication between Plaintiff and his attorney making it impossible to continue representation. Plaintiff’s counsel has also filled out a MC-053 Order and proof of service. There will also be no prejudice to Plaintiff given the trial date. Accordingly, the motion will be granted.