Judge: Katherine Chilton, Case: 20STLC06661, Date: 2023-01-19 Tentative Ruling

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Case Number: 20STLC06661     Hearing Date: January 19, 2023    Dept: 25

PROCEEDINGS:      MOTION TO BE RELIEVED AS COUNSEL

MOVING PARTY:   Counsel Sergei N. Gladkov, Esq., for Plaintiffs Gibril and Kadija Cole

RESP. PARTY:         None

MOTION TO BE RELIEVED AS COUNSEL

(CCP § 284, CRC rule 3.162)

TENTATIVE RULING:

Counsel Sergei N. Gladkov’s Motion to Be Relieved as Counsel as to Plaintiffs Gibril and Kadija Cole is DENIED without prejudice.

SERVICE:

[X] Proof of Service Timely Filed (CRC, rule 3.1300)                 OK

[X] Correct Address (CCP §§ 1013, 1013a)                                                 OK

[X] 16/21 Court Days Lapsed (CCP §§ 12c, 1005(b))                     OK

OPPOSITION:          None filed as of January 11, 2022.                     [   ] Late                      [X] None

REPLY:                     None filed as of January 11, 2022.                     [   ] Late                      [X] None

ANALYSIS:

I.                Background

On August 10, 2020, Plaintiffs Gibril Cole (“Gibril”) and Kadija Cole (“Kadija”) (collectively “Plaintiffs”) filed an action against Yong Choi (“Yong”) and Hannah Park (“Hannah”) (collectively “Defendants”) for an alleged automobile accident that took place on August 8, 2018.  On August 24, 2021, Defendants filed a joint Answer to the Complaint.

On December 10, 2021, the parties filed a Stipulation to Continue Trial and Cutoff Dates.  On the same day, the Court continued the trial to May 11, 2022, along with all pretrial discovery, hearing, and motion cutoff dates.  (12-10-21 Stipulation and Order.)  The trial and cutoff dates were once again continued to August 29, 2022, pursuant to the parties’ Stipulation filed on April 5, 2022.  (4-5-22 Minute Order.)

On August 15, 2022, Counsel for Plaintiffs Gibril and Kadija Cole, Sergei N. Gladkov (“Gladkov”) filed the instant Motion to be Relieved as Counsel (“Motion”).

On August 22, 2022, the Court continued the jury trial date to December 12, 2022.  (8-22-22 Minute Order.)

On November 9, 2022, the Court continued the hearing on the Motion and ordered Counsel Gladkov to file a Notice of Motion containing the correct address for the courthouse where the hearing on the Motion would be held.  (11-9-22 Minute Order.)  The Court also continued the trial date to February 15, 2023.  (Ibid.)

On November 14, 2022, Defendants filed proof that the Notice of Ruling had been served on Plaintiffs’ Counsel.  (11-14-22 Notice of Ruling.)

On December 12, 2022, the Court again continued the hearing as Counsel Gladkov had not filed and served a corrected Notice.  (12-12-22 Minute Order.)

No opposition has been filed.  No additional papers have been filed since the Court’s December 12, 2022, Order.

II.              Legal Standard

            Code of Civil Procedure § 284 states that “the attorney in an action…may be changed at any time before or after judgment or final determination, as follows: (1) upon the consent of both client and attorney…; (2) upon the order of the court, upon the application of either client or attorney, after notice from one to the other.”  (Code Civ. Proc. § 284; CRC 3.1362.)  The withdrawal request may be denied if it would cause an injustice or undue delay in proceeding; but the court's discretion in this area is one to be exercised reasonably.  (See Mandell v. Superior (1977) 67 Cal.App.3d 1, 4; Lempert v. Superior Court (2003) 112 Cal.App.4th 1161, 1173.)

            In making a motion to be relieved as counsel, the attorney must comply with procedures set forth in Cal. Rules of Court, Rule 3.1362.  The motion must be made using mandatory forms:

1.     Notice of Motion and Motion to be Relieved as Counsel directed to the client – (MC-051);

2.     Declaration “stating in general terms and without compromising the confidentiality of the attorney-client relationship” the reasons that the motion was brought (MC-052);

3.     Proposed Order (MC-053).

(Ibid.)  The forms must be timely filed and served on all parties who have appeared in the case.  (Ibid.)  If these documents are served on the client by mail, there must be a declaration stating either that the address where client was served is “the current residence or business address of the client” or “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 to be relieved.”  (Cal. Rules of Court, rule 3.1362(d)(1).)

III.            Discussion

On August 15, 2022, Counsel Sergei N. Gladkov (“Gladkov”) moved the Court to relieve him as attorney of record for Plaintiffs Gibril and Kadija Cole.  (Mot. – MC-051.)  Counsel filed a Notice of Motion and Motion (MC-051).  Counsel also filed a Declaration in Support of the Motion (MC-052) explaining that he has provided Plaintiffs with a Substitution of Attorney form but has not received it back.  (MC-052 ¶ 2.)  Moreover, Plaintiffs have asked Counsel Gladkov for their case file and “have not advised [him] as to how they desire to proceed forward with their legal case.”  (Ibid.) Counsel has also filed a Proposed Order, Form MC-053.

All documents were served on the Plaintiffs and Defendants on August 1, 2022.  (MC-051 pp. 3-4; MC-052 pp. 3-4; MC-053 pp. 3-4.)  Counsel confirmed Plaintiffs’ address within the past 30 days “by electronic (email) mail from Plaintiff Gibril Cole in his request for his original case file to be mailed to the current address.”  (MC-052 ¶ 3.)

On November 9, 2022, the Court noted that there was no showing that withdrawal would cause injustice or undue delay in the proceedings.  (11-9-22 Minute Order.)

However, the Court continued the hearing on the Motion because the Notice of Motion, MC-051, listed conflicting information regarding the courthouse where the hearing on the Motion would be held.  (Ibid.)  The Notice listed both the Stanley Mosk Courthouse address and the Spring Street Courthouse address.  (Ibid.; MC-051 ¶ 2(b).)  The Court ordered Counsel Gladkov to file a corrected Notice of Motion, Form MC-051, listing the address for the Spring Street Courthouse.  (11-9-22 Minute Order.)  The Court also continued the trial date to February 15, 2023.  (Ibid.)

On November 14, 2022, Defendants filed proof that the Notice of Ruling had been served on Plaintiffs’ Counsel.  (11-14-22 Notice of Ruling.)

On December 12, 2022, the Court again continued the hearing on the Motion given that Counsel Gladkov had not filed a corrected Notice of Motion along with proof that all parties had been served with the Notice.  (12-12-22 Minute Order.)

To date, Counsel Gladkov has not filed and served a corrected Notice.

For this reason, Counsel Gladkov’s Motion to Be Relieved as Counsel is DENIED.

IV.           Conclusion & Order

For the foregoing reasons,

Counsel Sergei N. Gladkov’s Motion to Be Relieved as Counsel as to Plaintiffs Gibril and Kadija Cole is DENIED without prejudice.

Moving party is ordered to give notice.