Judge: Katherine Chilton, Case: 22STLC01520, Date: 2023-03-30 Tentative Ruling

Case Number: 22STLC01520     Hearing Date: March 30, 2023    Dept: 25

PROCEEDINGS:      MOTION TO BE RELIEVED AS COUNSEL

MOVING PARTY:   Noha Gabra, Fitzgerald & Campbell, APLC, for Defendant Corey Collins

RESP. PARTY:         None

MOTION TO BE RELIEVED AS COUNSEL

(CCP § 284, CRC rule 3.162)

TENTATIVE RULING:

Counsel Noha Gabra’s Motion to Be Relieved as Counsel as to Defendant Corey Collins 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 3.1300)             OK

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

[X] 75/80 Day Lapse (CCP 12c and 1005 (b))                     OK

OPPOSITION:          None filed as of March 28, 2023.               [   ] Late                      [X] None

REPLY:                     None filed as of March 28, 2023.               [   ] Late                      [X] None

ANALYSIS:

I.                Background

On March 8, 2022, Plaintiff UBS Bank USA (“Plaintiff”) filed an action against Defendant Corey Collins (“Defendant”) for (1) breach of contract, (2) account stated, and (3) unjust enrichment due to Defendant’s alleged failure to make payments on his account.  On April 12 and 18, 2022, Defendant, in propria persona, filed an Answer.

On July 27, 2022, Defendant filed Substitution of Attorney, substituting Counsel Noha Gabra as Defendant’s representative.

On August 19, 2022, the Court granted Plaintiff’s Motion for Summary Judgment.  (8-19-22 Minute Order.)  Judgment was entered for Plaintiff and against Defendant in the amount of $20,480.86, plus post-judgment interest and attorney’s fees and costs to be determined based on a separate motion.  (8-24-22 Judgment.)

On December 8, 2022, the Court granted Plaintiff’s Motion for Attorney’s Fees and Costs in the amount of $8,932.57.  (12-8-22 Minute Order.)  The Court subsequently amended the Judgment to include the attorney’s fees and costs.  (12-23-22 Judgment Amended.)

On December 8, 2022, Defendant’s counsel Noha Gabra filed the instant Motion to be Relieved as Counsel (“Motion”).  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 December 8, 2022, Defendant’s counsel Noha Gabra filed the instant Motion to be Relieved as Counsel as to Defendant Corey Collins.  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 “Defendant has failed to comply with certain requests made by this firm.”  (MC-052 ¶ 2.)  Counsel has also filed a Proposed Order, Form MC-053.

Counsel indicates that Defendant has been served with the moving papers by mail at his last known address.  (MC-052 ¶ 3a(2); MC-051 p. 5; MC-052 p. 3; MC-053 p. 3.)  Counsel has “been unable to confirm that the address is current or to locate a more current address for the client after making the following efforts: (a) mailing the motion papers to the client’s last known address, return receipt requested; (b) calling the client’s last known telephone number or numbers.”  (MC-052 ¶ 3b(2)(a)-(b).)  The Court finds Counsel’s efforts sufficient.

Counsel has also served Plaintiff with the moving papers.  (MC-051 p. 5; MC-052 p. 3; MC-053 p. 3.)

            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 Noha Gabra Motion to be Relieved as Counsel as to Defendant Corey Collins is GRANTED.

IV.           Conclusion & Order

For the foregoing reasons,

Counsel Noha Gabra’s Motion to Be Relieved as Counsel as to Defendant Corey Collins 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.