Judge: Joseph Lipner, Case: 21STCV2493, Date: 2023-09-07 Tentative Ruling

Case Number: 21STCV2493    Hearing Date: September 7, 2023    Dept: 72

SUPERIOR COURT OF CALIFORNIA

COUNTY OF LOS ANGELES

 

DEPARTMENT 72

 

TENTATIVE RULING

 

MELITA SUAZO, et al.,

 

                                  Plaintiff,

 

         v.

 

 

HOLLYWOOD’S AUTO INSURANCE SERVICES, INC., et al.

 

                                  Defendants.

 

 Case No:  21STCV12493 

 

 

 

 

 

 Hearing Date: September 7, 2023

 Calendar Number:  7

 

 

The motion to be relieved as counsel for Plaintiffs Melita Suazo and Pearl Campos is DENIED WITHOUT PREJUDICE.

 

Background

 

On May 23, 2023, Paul Kingston counsel for Plaintiffs Melita Suazo and Pearl Campos filed the instant motion to be relieved as counsel.

 

Legal Standard

           

California Rules of Court (“CRC”) 3.1362 provides the requirements for a motion to be relieved as counsel. CRC 3.1362 requires:

 

1.     A notice of motion and motion to be relieved as counsel that is (1) directed to client and (2) made on the Notice of Motion and Motion to Be Relieved as Counsel-Civil (form MC-051);

 

2.     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)”;

 

3.     The client and all other parties who have appeared in the case must be served with (1) the notice of motion and motion, (2) the declaration, and (3) the proposed order; and

 

4.     The moving papers must contain a proposed order that is prepared on the Order Granting Attorney’s Motion to Be Relieved as Counsel-Civil (form MC-053). The order must state all hearing dates scheduled in the action or proceeding.

 

 

Discussion

 

Counsel filed the Notice of Motion and Motion to Relieved as Counsel on form MC-051 as required by CRC 3.1362. Attached to MC-051 form was a signed declaration by counsel but the declaration was not on form MC-052.

 

Use of MC-052 is mandatory, as the form itself makes clear.  Counsel is directed to use Form MC-052 in any future filing.

 

Moreover, there is no indication that Counsel served the other parties in this case, as required.  Counsel is directed to file a proof of service demonstrating service on all parties as well as his clients in any future filing.

 

Moreover, Counsel did not file a proposed order.  Counsel is directed to file a proposed order in any future filing.