Judge: Katherine Chilton, Case: 21STLC05357, Date: 2023-02-28 Tentative Ruling

Case Number: 21STLC05357     Hearing Date: February 28, 2023    Dept: 25

PROCEEDINGS:      MOTION TO BE RELIEVED AS COUNSEL

MOVING PARTY:   Counsel Ameer A. Shah, Esq, for Plaintiff Leonardo Jose Rodriguez

RESP. PARTY:         None

MOTION TO BE RELIEVED AS COUNSEL

(CCP § 284, CRC rule 3.162)

TENTATIVE RULING:

Counsel Ameer A. Shah’s Motion to Be Relieved as Counsel as to Plaintiff Leonardo Jose Rodriguez is GRANTED, and the Order will be signed at the hearing.  “After the order is signed, a copy of the signed order must be served on the client and on all parties that have appeared in the case.” (Cal. Rules of Court, rule 3.1362(e).)  The Order on this Motion will not be effective “until proof of service of a copy of the signed order on the client has been filed with the court.” (Ibid.)

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 February 26, 2023.                     [   ] Late                      [X] None

REPLY:                     None filed as of February 26, 2023.                     [   ] Late                      [X] None

ANALYSIS:

I.                Background

On July 21, 2021, Plaintiff Leonardo Jose Rodriguez (“Plaintiff”) filed an action against Defendant Silvestre Barraza (“Defendant”) for motor vehicle and general negligence arising out of an alleged automobile accident that took place on July 21, 2019.

On November 23, 2021, Defendant Silvestre Barraza Jr., erroneously sued and served as Silvestre Barraza, filed an Answer to the Complaint.

On November 30, 2022, the Court granted Defendant’s Motion to Compel Plaintiff Rodriguez’s Responses to Request for Production of Documents, Set One.  (11-30-22 Minute Order.). The Court ordered Plaintiff Rodriguez to submit verified responses, without objections, within twenty (20) days of notice of the Court order and to pay sanctions in the amount of $530.00.  (Ibid.)

On December 7, 2022, based on the Stipulation of the parties, the Court continued the trial date to May 10, 2023, along with all corresponding discovery and pre-trial dates.  (12-7-22 Stipulation and Order.)

On January 9, 2022, the Court granted Defendant’s Motion to Compel Plaintiff Rodriguez’s Responses to Form Interrogatories, Set One.  (1-9-22 Minute Order.). The Court ordered Plaintiff Rodriguez to submit verified responses, without objections, within twenty (20) days of notice of the Court order and to pay sanctions in the amount of $530.00.  (Ibid.)

On February 1, 2023, Counsel Ameer A. Shah, Esq. (“Shah”) filed the instant Motion to be Relieved as Counsel (“Motion”) as to Plaintiff Leonardo Jose Rodriguez.  No opposition has been filed.

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 February 1, 2023, Counsel Ameer A. Shah, Esq. (“Shah”) filed the instant Motion to be Relieved as Counsel as to Plaintiff Leonardo Jose Rodriguez.  (Mot. – MC-051.)  Counsel properly filed a Notice of Motion and Motion (MC-051).  Counsel also filed a Declaration in Support of the Motion (MC-052) stating that “a total breakdown of attorney-client relationship has taken place” and “Client has failed to cooperate in the discovery process.”  (MC-052, ¶ 2.)  Counsel has also filed a Proposed Order, Form MC-053.

All documents were served on Plaintiff on January 27, 2023, at his last known address, which Counsel confirmed by mail, return receipt requested, and through a private investigator.  (MC-052 ¶ 3; MC-051 p. 4; MC-052 p. 4; MC-053 p. 3.)  Counsel also served the documents on defense counsel.  (Ibid.)

            The Court finds that all procedural requirements have been satisfied and there is no showing that withdrawal would cause injustice or undue delay in the proceedings.

            Counsel Shah’s Motion to be Relieved as Counsel as to Plaintiff Rodriguez is GRANTED.

IV.           Conclusion & Order

For the foregoing reasons,

Counsel Ameer A. Shah’s Motion to Be Relieved as Counsel as to Plaintiff Leonardo Jose Rodriguez is GRANTED, and the Order will be signed at the hearing.  “After the order is signed, a copy of the signed order must be served on the client and on all parties that have appeared in the case.” (Cal. Rules of Court, rule 3.1362(e).)  The Order on this Motion will not be effective “until proof of service of a copy of the signed order on the client has been filed with the court.” (Ibid.)

Moving party is ordered to give notice.