Judge: Jill Feeney, Case: 22STCV20507, Date: 2023-03-16 Tentative Ruling
Case Number: 22STCV20507 Hearing Date: March 16, 2023 Dept: 30
Department 30, Spring Street Courthouse
March 16, 2023
22STCV20507
Motion to Be Relieved as Counsel filed by John A. Girardi, Counsel for Plaintiff Harper Maloney
DECISION
The motion is granted.
The Court will check box 5a of form MC-053 before entering the order.
Counsel is to serve a signed copy of the MC-053 on Plaintiff and file proof of such service within five court days after the date of this order.
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. Plaintiff Harper Maloney alleges that Defendant the Champs Charter High School of the Arts negligently allowed him to leave campus for lunch and he was struck by a bullet and severely injured while he was off campus. Plaintiff filed his Complaint on June 23, 2022.
On February 3, 2023, John A. Girardi filed the instant motion to be relieved as counsel.
Summary
Moving Arguments
Counsel John Girardi seeks to be relieved as counsel for Plaintiff. Counsel cites a breakdown in the attorney-client communication that made it impossible to 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 Harper Maloney.
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 his last known address and confirmed the address was current by retaining a licensed investigator and serving the papers via certified mail with return receipt requested. (MC-052 Item #3.)
Plaintiff will not be prejudiced if Counsel’s motion is granted. The next hearing in this matter is a final status conference scheduled for December 7, 2023. Trial is set for December 21, 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.)
