Judge Jill Feeney, Case 21STCV20514 2022-09-14 Tentative Ruling

Department 30, Spring Street Courthouse

Motion to Be Relieved as Counsel filed by Owili K. Eison, Counsel for Plaintiff Ronald Thompson

The motion is granted.

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

Counsel is reminded that the Court's Ruling and Attorney's
relief as Counsel of record for client is not effective until Proof of Service
of the (MC-053) 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 to provide notice.

This is an action for motor vehicle negligence and general negligence arising from a vehicle collision which took place in December 2018. Plaintiff Ronald Thompson filed his Complaint against Sarah Danner on June 2, 2021.

On August 23, 2022, Owili K. Eison filed the instant motion to be relieved as counsel.

Counsel Owili K. Eison seeks to be relieved as counsel for Plaintiff. Counsel cites a breakdown of the attorney-client relationship which significantly impeded Counsel’s ability to effectively prosecute the case.

Opposing Arguments

“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 Ronald Thompson.

Counsel filed a Notice of Motion and Motion to Be Relieved as Counsel (MC-051), a Declaration in Support of Attorney’s Motion to Be Relieved as Counsel (MC-052), and a Proposed Order Granting Attorney’s Motion to Be Relieved as Counsel (MC-053) 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 to his address which Counsel confirmed by telephone and by conversation within 30 days before filing his motion. (MC-052 Item #3(a)(2), 3(b).)

Plaintiff will not be prejudiced if Counsel’s motion is granted. The next hearing in this matter is a final status conference on November 16, 2022. Trial is scheduled for scheduled for November 30, 2022. Counsel states he plans to file an ex parte motion to continue trial. (MC-052 Item #2.) No ex parte motion has been filed so far. There is sufficient time for Plaintiff to engage new counsel before trial 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 relationship. (MC-052, Item #2.)