Judge: Jill Feeney, Case: 21STCV46299, Date: 2022-09-14 Tentative Ruling
Case Number: 21STCV46299 Hearing Date: September 14, 2022 Dept: 30
Department 30, Spring Street Courthouse
September 14, 2022
21STCV46299
Motion to Be Relieved as Counsel filed by Sean F. Salamati, Counsel for Plaintiff Heidi K. Diaz
DECISION
The motion is granted.
Counsel is to serve the signed MC-053 on Plaintiff and to file proof of service within five court days after the date of this order.
Moving party is ordered to provide notice.
Background
This is an action for motor vehicle negligence and general negligence arising from a vehicle collision which took place in January 2020. Plaintiff Heidi K. Diaz filed her Complaint against Defendant Joseph James Matias on December 20, 2021.
On August 5, 2022, Sean F. Salamati filed the instant motion to be relieved as counsel.
Summary
Moving Arguments
Counsel Sean F. Salamati seeks to be relieved as counsel for Plaintiff. Counsel states attorney/client relations have broken down to the point where Counsel is no longer able to communicate with or effectively represent plaintiff.
Opposing Arguments
None.
Legal Standard
“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).)
Discussion
Counsel seeks to be relieved as counsel for Plaintiff Heidi Diaz. Counsel cites a breakdown of the attorney-client relationship. (MC-052 Item #2.) Counsel served Plaintiff by mail at her current address which Counsel confirmed by phone within 30 days of the filing of this motion. (MC-052 Item #3.)
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).)
Plaintiff will not be prejudiced if Counsel’s motion is granted. The next hearing in this matter is a final status conference scheduled for June 5, 2023. Trial is set for June 19, 2023. Plaintiff’s remote deposition is set for December 19, 2022. (MC-053 Item #8.) There is sufficient time for Plaintiff to engage new counsel before her deposition and before trial. 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.)
