Judge: John C. Gastelum, Case: 20-1129476, Date: 2023-08-15 Tentative Ruling

Motion to Be Relieved as Counsel of Record

Ruling:  Off Calendar– no hearing will be held. Motion to be Relieved as Counsel of Record is denied without prejudice for failing to utilize for MC-052. See CRC, Rule 3.1362(c).

MP did not use all the required judicial council forms (MC-051, 052, 053). Specifically, MP did not use MC-052, in violation of CRC, Rule 3.1362(c) which states:

The motion to be relieved as counsel must be accompanied by a declaration on the Declaration in Support of Attorney's Motion to Be Relieved as Counsel--Civil (form MC-052). The declaration must state in general terms and without compromising the confidentiality of the attorney-client relationship why a motion under Code of Civil Procedure section 284(2) is brought instead of filing a consent under Code of Civil Procedure section 284(1).

(Emphasis added.)

While a substantively adequate declaration was filed, it was not made on form MC-052. Therefore, the Court will deny without prejudice.

Also, it should be noted that trial is set to commence 9/18/2023. MP currently represents two entities: Stoneware Enterprises, Stoneware Granite Installation, Inc. As they cannot represent themselves, relieving counsel from acting as attorneys of record right before trial is set to commence could severely prejudice these parties. However, to mitigate any prejudice, the Court could continue trial.

[Alternatively, the Court could continue the Motion in order for MP to submit and serve the required form; and continue trial in order for Stoneware Enterprises, Stoneware Granite Installation, Inc., and Nishar Siddiq more time to retain new counsel.]