Judge: Joel L. Lofton, Case: 23AHCV00414, Date: 2024-06-03 Tentative Ruling

Case Number: 23AHCV00414    Hearing Date: June 3, 2024    Dept: X

   Tentative Ruling

Judge Joel L. Lofton, Department X

HEARING DATE:      June 3, 2024                                        TRIAL DATE: November 12, 2024

CASE:                         Mejia v. Garrido et al.

CASE NO.:                 22AHCV00414

MOTION TO BE RELIEVED AS COUNSEL

Counsel’s motion to be relieved is granted on the terms stated.

BACKGROUND

Plaintiff Heber Nahum Jordan Mejia filed this landlord/tenant action against defendants Mario and Floridalma Garrido on February 28, 2023. Defendants cross-complained against Plaintiff on January 16, 2024 and filed a general denial.

A final status conference is set for October 31, 2024, and a jury trial for November 12, 2024. No other appearances are currently set, apart from the instant hearing.

Counsel Robert F. Smith (Counsel) has represented Defendants/Cross-Complainants beginning with their first appearance on January 16, 2024.

Counsel now moves to be relieved. He has filed separate motions for each of his clients. Neither motion is opposed.

LEGAL STANDARD

The court has discretion to allow an attorney to withdraw, and such a motion should be granted provided that there is no prejudice to the client and it does not disrupt the orderly process of justice. (See Ramirez v. Sturdevant (1994) 21 Cal. App. 4th 904, 915; People v. Prince (1968) 268 Cal. App. 2d 398.)

Rule of Court 3.1362 prescribes the three mandatory forms (MC-051, -052, and -053) that counsel must use when moving to be relieved.

Subdivision (d) of the rule states the requirements for service: service must be made on the moving counsel’s client and all parties who have appeared. (Cal. R. Ct. 3.1362(d).) Service may be made personally or by electronic or regular mail. (Ibid.) If served by mail, counsel must submit a declaration attesting that either (1) the address is current; or (2) the address is the last address known to counsel, and counsel made reasonable efforts to locate a more current address within thirty (30) days of filing his, her, or their motion. (Id., subd. (d)(1).) Counsel serving electronically must attest that the client’s email address is current. (Id., subd. (d)(2).) “Current”, as used in the rule, means the address was confirmed within 30 days of filing the motion. (Ibid.)

DISCUSSION

Counsel has filed the requisite MC-051, -052, and -053 court forms. He attests to service by mail at an address verified by conversation. He attests to a breakdown in relations with his clients. The Proposed Order gives notice of the next scheduled appearances, the earliest of which is still nearly five months away. Withdrawal will not prejudice Defendants / Cross-Complainants.

However, Counsel has not filed a proof of service attesting that he served not only his client, but also all other interested parties.

The motion is granted contingent on Counsel’s filing a proof of service on all interested parties.

RULING

The motion is granted on the terms stated.  The court will delay the effective date of the order relieving counsel until (1) proof of service of a copy of the signed order on the client and (2) proof that the client has been properly served with notice of the next trial date have been filed with the court.

Dated:   June 3, 2024                                      ___________________________________

                                                                                    Joel L. Lofton

                                                                                    Judge of the Superior Court

Parties who intend to submit on this tentative must send an email to the court indicating their

intention to submit.  alhdeptx@lacourt.org