Judge Jill Feeney, Case 21STCV20597 2022-10-28 Tentative Ruling

Department 30, Spring Street Courthouse

Motion to Be Relieved as Counsel filed by Prindle, Goetz, Barnes, & Reinholtz, LLP, Counsel for Defendant Arous Mourad

The motion is denied without prejudice.

Moving party to provide notice.

This action arises out of an automobile accident.

On June 2, 2021, Plaintiffs Glaucia Oliveira and Gleice Porretta (collectively, “Plaintiffs”) filed a complaint against Defendants Arous Mourad (“Mourad”), Yummy OMG Pizza Inc. dba Papa John’s and Does 1-50 for negligence, respondent superior, and nondelegable duty.

On September 14, 2022, Prindle, Goetz, Barnes, & Reinholtz, LLP filed the instant motion to be relieved as counsel.

Counsel Prindle, Goetz, Barnes, & Reinholtz, LLP seeks to be relieved as counsel for Defendant Arous Mourad. Counsel cites a breakdown of 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 Defendant Arous Mourad.

Counsel filed a Notice of Motion and Motion to Be Relieved as Counsel (MC-051).

Counsel failed to file 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 in California Rules of Court, rule 3.1362, subdivisions (a), (c), and (e). (Cal. Rules of Court, rule 3.1362, subd. (a), (c), (e).)

Counsel must file these forms before the Court may consider this motion. Moreover, the Court cannot grant this motion with a jury trial scheduled for 11/30/2022 as that would prejudice Mourad.