Judge: Jill Feeney, Case: 22STCV07092, Date: 2023-03-22 Tentative Ruling
Case Number: 22STCV07092 Hearing Date: March 22, 2023 Dept: 30
Department 30, Spring Street Courthouse
March 22, 2023
22STCV07092
Motion to Be Relieved as Counsel filed by Fernando D. Vargas, Counsel for Plaintiff Taylor Sene Holly
DECISION
The motion is granted.
Counsel is ordered to serve the signed MC-053 on Plaintiff and all other parties. Proof of service to be filed with the Court within five days after the date of this order.
Since Plaintiff’s residence has not been confirmed, in addition to serving Plaintiff at Plaintiff’s last known address, Counsel must also serve Plaintiff by delivering a signed copy of the MC-053 to the clerk of the Court pursuant to Code of Civil Procedure Section 1011(b)(3). The papers must be enclosed in an envelope addressed to Plaintiff in the care of the clerk pursuant to California Rule of Court 3.252(a). The information required by California Rule of Court 3.252(b) shall be provided on the back of the envelope.
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).
Background
This is an action for negligence arising from a vehicle collision which took place in March 2020. Plaintiff Taylor Sene Holly filed a Complaint against Defendant Irineo Ruiz on February 28, 2022.
On February 6, 2023, Fernando D. Vargas filed the instant motion to be relieved as counsel.
Summary
Moving Arguments
Counsel Fernando D. Vargas seeks to be relieved as counsel for Plaintiff. Counsel cites a breakdown in the attorney-client relationship.
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 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 whether the address was current. (MC-052 Item #3.) Counsel made reasonable efforts to confirm the address was current by mailing the motion papers with return receipt requested, calling the client’s last known telephone number, and conducting a TLO search. (MC-052 Item #3b(2).) Although Counsel also contacted people familiar with the client, Counsel did not specify who he contacted. (Id.)
Plaintiff will not be prejudiced if Counsel’s motion is granted. 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.)
