Judge Jill Feeney, Case 22STCV17007 2023-02-02 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).

This is an action for negligence arising from a vehicle collision that took place in July 2020. Plaintiff Darren Patrick Rodgers filed his Complaint against Defendants Vincent Paul Calle, Cynergy Logistics, Cynergy Solutions, LLC, Amazon Logistics, Inc., Amazon.com Services LLC, and Merchants Automotive Group LLC on May 23, 2022.

Counsel Shayne Heller LaChapelle seeks to be relieved as counsel for Plaintiff. Counsel states that Plaintiff is deceased and their attorney-client relationship ceased upon his death in November 2022. Counsel has not been contacted by a personal representative for Plaintiff’s estate or any successors in interest.

“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 states he served notice of this motion at Plaintiff’s last-known address. Counsel also served this motion upon Plaintiff’s minor heir, Caroline Charlotte Rodgers, who resides with her mother in Mexico. Counsel served Caroline Rodgers through her mother via email because her address in Mexico was unknown. (MC-052, Item 3(c).) The Court finds that Counsel has exercised due diligence in attempting to contact Plaintiff’s successors in interest. The Court is satisfied that Counsel has a compelling reason to withdraw.