Judge Jill Feeney, Case 21STCV29294 2023-03-07 Tentative Ruling

Department 30, Spring Street Courthouse

Motion to Be Relieved as Counsel filed by Travis M. Poteat, Counsel for Plaintiff Maloautasi Foisia

This matter is continued.

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

All required documents must be filed at least five court days in advance of the continued hearing date.

Plaintiff’s 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 which took place in August 2021. Plaintiff Maloautasi Foisia filed her Complaint against Travis M. Poteat on August 9, 2021.

On February 6, 2023, Travis M. Poteat filed the instant motion to be relieved as counsel.

Counsel Travis M. Poteat seeks to be relieved as counsel for Plaintiff. Counsel has been unable to contact Plaintiff.

“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 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 and was unable to confirm that the address was current. (MC-052 Item #3.) Counsel made reasonable efforts to confirm Plaintiff’s address by calling Plaintiff’s last known phone numbers, mailing the motion papers with return receipt requested, and confirming her address through a people finder website. (Id.)

Plaintiff will not be prejudiced if Counsel’s motion is granted. The next hearing in this matter is a final status conference scheduled for July 3, 2023. Trial is set for July 17, 2023. There is sufficient time for Plaintiff to engage new counsel and/or request a continuance before trial. The Court is satisfied that Counsel has a compelling reason to withdraw. (MC-052, Item #2.)

Items 3, 5, and 6 on Counsel’s form MC-053 are blank. Counsel must complete the form before the Court may grant this motion. Counsel must provide Plaintiff’s address and phone number in Item 6.