Judge: Katherine Chilton, Case: 22STLC03424, Date: 2023-05-15 Tentative Ruling

Case Number: 22STLC03424     Hearing Date: May 15, 2023    Dept: 25

PROCEEDINGS:      MOTION TO BE RELIEVED AS COUNSEL

MOVING PARTY:   Counsel John Arends, Esq. for Plaintiff Martin Vera

RESP. PARTY:         None

MOTION TO BE RELIEVED AS COUNSEL

(CCP § 284, CRC rule 3.162)

TENTATIVE RULING:

Counsel John Arends’s Motion to Be Relieved as Counsel as to Plaintiff Martin Vera 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 May 8, 2023.                          [   ] Late                      [X] None

REPLY:                     None filed as of May 8, 2023.                           [   ] Late                      [X] None

ANALYSIS:

I.                Background

On May 19, 2022, Plaintiff Martin Vera (“Plaintiff”) filed an action against Defendant Edgar Castro-Cardenas (“Defendant”) arising out of an alleged motor vehicle accident that took place on November 23, 2019.

On December 8, 2022, Defendant filed an Answer to the Complaint.

On February 23, 2023, Counsel John Arends, Esq. filed the instant Motion to be Relieved as Counsel as to Plaintiff Martin Vera (“Motion”).  No opposition has been filed.

On April 6, 2023, the Court granted Defendant’s Motion for Order Compelling Response to Form Interrogatories and Motion for Order Compelling Response to Request for Production, filed on March 8, 2023.  (4-6-23 Minute 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 February 23, 2023, Counsel John Arends, Esq. (“Arends”) moved the Court to relieve him as attorney of record for Plaintiff Martin Vera.  (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 “Plaintiff has not returned any calls. emails, or other correspondence related to the matter despite reasonable diligence.”  (MC-052, Attach. 2 ¶ 5.)  Counsel sent letters to Plaintiff on December 15, 2022, and January 11, 2023, but Plaintiff has not responded to any communication.  (Ibid. at ¶¶ 6-7.)  Counsel asserts that “[w]ithout Plaintiff’s active participation, [he is] unable to properly represent Plaintiff in this matter.”  (Ibid. at ¶ 9.)  Counsel has also filed a Proposed Order, Form MC-053.

All documents were served on Plaintiff and Defendant on February 23, 2023.  (MC-051 p. 3; MC-052 p. 4; MC-053 p. 3.)  Counsel confirmed Plaintiff’s address within the past 30 days through “[a] background search [which] has confirmed that the last known address is the client’s current address.”  (MC-052 ¶ 3b.)

Finally, there is no showing that withdrawal would cause injustice or undue delay in the proceedings.

For this reason, Counsel Arends’s Motion is GRANTED.

IV.           Conclusion & Order

For the foregoing reasons,

Counsel John Arends’s Motion to Be Relieved as Counsel as to Plaintiff Martin Vera 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.