Judge Jill Feeney, Case 21STCV20591 2023-01-12 Tentative Ruling

Department 30, Spring Street Courthouse

Motion to Be Relieved as Counsel filed by John Rafael, Counsel for Plaintiff Margarita Beltran

The motion is continued.

All necessary papers must be filed at least five court days in advance of the continued hearing.

The parties are ordered to appear at the hearing to set a continued hearing date.

Counsel to provide notice, including to Plaintiff, and to file proof of service of such notice within five court days after the date of this order.

This is an action for negligence arising from a vehicle collision that took place in August 2020. Plaintiff Margarita Beltran filed her Complaint against Defendants California Department of Transportation, California Highway Patrol, the Los Angeles County Metropolitan Transportation Authority, the City of Long Beach, the County of Los Angeles, John Doe, and Kenny’s Auto Service on June 2, 2021.

On December 19, 2022, John Rafael filed the instant motion to be relieved as counsel.

Counsel John Rafael seeks to be relieved as counsel for Plaintiff. Counsel cites a breakdown in the attorney-client relationship.

“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 Margarita Beltran.

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. (MC-052 Item #3a.) However, Counsel left form MC-052 Item 3(b) blank. Counsel must fill out the form completely and indicate whether he confirmed Plaintiff’s address and how.