Judge Jill Feeney, Case 21STCV42070 2023-01-30 Tentative Ruling

The motion is granted.

The Court's Ruling and Attorney's relief as Counsel of
record for client is not effective until Proof of Service of the 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 Cynthia E. Allred seeks to be relieved as counsel for Plaintiff Greg Gallup. Counsel states that there are differences of opinion regarding the handling of this action that prevent Counsel from continuing to represent Plaintiff in this action.

“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 email. (Allred Decl., ¶3.) Counsel testifies that Plaintiff had previously communicated with her office via email. (Id.) Although Counsel also sent the papers via certified U.S. mail, Plaintiff returned the envelope containing the moving papers by writing “refused” on the envelope. (Id., ¶5.) Counsel subsequently sent the papers by regular mail. The Court is satisfied that Plaintiff has notice of this motion.

Plaintiff will not be prejudiced if Counsel’s motion is granted. The next hearing in this matter is a final status conference set for May 1, 2023. Trial is set for May 15, 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.)