Judge: Jon R. Takasugi, Case: 23STCV10407, Date: 2024-03-26 Tentative Ruling

Case Number: 23STCV10407    Hearing Date: March 26, 2024    Dept: 17

Superior Court of California

County of Los Angeles

DEPARTMENT 17

            Plaintiff’s counsel’s motion to be relieved is GRANTED.

            On May 9, 2023, Plaintiff Shirley Bruno (“Plaintiff”) filed a complaint against Defendant BMW of North America, LLC (“Defendant”) for breach of written and implied warranty and three causes of action under the Song-Beverly Act.

On June 21, 2023, Defendant filed an answer to the complaint.

            On February 23, 2024, Counsel for Plaintiff, Timothy J. Abeel, Jr. (“Counsel”) filed the instant motion to be relieved as counsel.  As of March 20, no opposition has been filed.  

Legal Standard

Motions to withdraw are routinely granted if made in the proper form and presented with proper notice.  The court may issue an order allowing an attorney to withdraw from representation, after notice to the client.  (Code Civ. Proc., § 284(2).) 

CRC Rule 3.1362 requires motions to be relieved as counsel pursuant to CCP section 284(2) be made on Judicial Council Forms MC-051 (Notice of Motion and Motion), MC-052 (Declaration), and MC-053 (Proposed Order).  (Cal. Rules of Court, rule 3.1362.)  Furthermore, the requisite forms must be served on the client and all other parties who have appeared in the case.  (Id., rule 3.1362(d).)  If the client is served by mail, there must be a declaration showing confirmation of the service address within the past 30 days or that the service address is the last known residence or business address of the client and the attorney has been unable to locate a more current address after making reasonable efforts to do so within 30 days before the filing of the motion.  (Id.) 

Discussion

Counsel’s declaration contains facts in paragraph 2 showing that he seeks to withdraw because he is “unable to effectively act as counsel due to a breakdown in the attorney-client relationship.”  (MC-052 ¶ 2.)

The Court finds that there is good cause to grant leave to withdraw. 

Counsel has submitted forms MC-051, MC-052, and MC-053 in seeking to be relieved as counsel.  The moving papers were served on Plaintiff and counsel for Defendant at their current addresses by first-clas mail and by email as confirmed by the proofs of service.  Therefore, the Court finds that Counsel has satisfied the requirements of CRC 3.1362(a), (c)-(e) by filing the motions on the correct forms and by serving the motion on Plaintiff and counsel for Defendant.  

The Court notes that trial is set for January 13, 2025 and Plaintiff has sufficient to find new counsel.

Therefore, the Court grants the unopposed motion and Plaintiff’s counsel will be granted leave to withdraw.

Counsel to give notice.

Dated:  March 26, 2024

Hon. Jon R. Takasugi

Judge of the Superior Court

Parties who intend to submit on this tentative must send an email to the court at smcdept17@lacourt.org by 4 p.m. the day prior as directed by the instructions provided on the court website at www.lacourt.org.  If a party submits on the tentative, the party’s email must include the case number and must identify the party submitting on the tentative.  If all parties to a motion submit, the court will adopt this tentative as the final order.  If the department does not receive an email indicating the parties are submitting on the tentative and there are no appearances at the hearing, the motion may be placed off calendar.  For more information, please contact the court clerk at (213) 633-0517.