Judge: Kerry Bensinger, Case: 21STCV34064, Date: 2023-04-25 Tentative Ruling

Case Number: 21STCV34064    Hearing Date: April 25, 2023    Dept: 27

SUPERIOR COURT OF THE STATE OF CALIFORNIA  

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT 

 

Alexis Holmes,  

Plaintiff, 

vs. 

 

Vanessa Valentine Rivera, Charles Anthony Reynolds, Sr., Reina Doe, and DOES 1 to 100, 

 

Defendant(s). 

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      CASE NO.: 21STCV34064 

 

[TENTATIVE] ORDER RE: MOTION TO BE RELIEVED AS COUNSEL 
 

 

Dept. 27 

1:30 p.m. 

April 25, 2023 

 

  1. INTRODUCTION 

On September 15, 2021, Plaintiff Alexis Holmes (“Plaintiff” or “client”) sued Defendants Vanessa Valentine Rivera, Charles Anthony Reynolds, Sr., and Reina Doe (collectively, “Defendants”) for a motor vehicle accident that occurred on or about September 20, 2019, at Firestone Place by Firestone Boulevard in South Gate, California.  

Plaintiff has not filed a proof of service of the Summons and Complaint.  

On March 1, 2023, the Court vacated the Final Status Conference scheduled for March 1, 2023, Non-Jury Trial scheduled for March 15, 2023, and Order to Show Cause Re: Dismissal scheduled for September 11, 2024. The same day, the Court scheduled an Order to Show Cause Hearing Re: Failure to File Proof of Service for June 7, 2023. The Court stated that it may dismiss the case on June 7, 2023.  

On March 20, 2023, Plaintiff’s attorney David D. Geoulla, Esq. (“Counsel”) of B&D Law Group APLC moved to be relieved as counsel.  

  1. LEGAL STANDARD 

“The attorney in an action or special proceeding may be changed at any time before or after judgment or final determination, as follows: 1) upon the consent of both client and attorney, filed with the clerk, or entered upon the minutes; 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.)¿¿ 

Under California Rules of Court, rule 3.1362, an attorney moving to be relieved as counsel must do the following:¿¿ 

  1. File a notice of motion and motion directed to the client (made on the Notice of Motion and Motion to be Relieved as Counsel -- Civil form (MC-051));¿¿ 

  1. Submit a declaration stating 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) (made on the Declaration in Support of Attorney’s Motion to Be Relieved as Counsel -- Civil form (MC-052));¿¿¿ 

  1. Serve the notice of motion and motion, declaration, and proposed order on the client and on all other parties who have appeared in the case; and¿¿¿ 

  1. Lodge a proposed order relieving counsel (prepared on the Order Granting Attorney’s Motion to be Relieved as Counsel -- Civil form (MC-053)).¿¿ 

“The question of granting or denying an application of an attorney to withdraw as counsel (Code Civ. Proc., § 284, subd. (2)) is one which lies within the sound discretion of the trial court ‘having in mind whether such withdrawal might work an injustice in the handling of the case.’”¿ (People v. Prince (1968) 268 Cal.App.2d 398, 406 [internal quotations omitted].)¿ The court should also consider whether the attorney’s “withdrawal can be accomplished without undue prejudice to the client’s interests.”¿ (Ramirez v. Sturdevant (1994) 21 Cal.App.4th 904, 915.)¿¿¿¿ 

  1. DISCUSSION 

Counsel properly filed a notice of motion.  No opposition has been filed.  Counsel states there is an irreconcilable difference “and a complete breakdown in communication between attorney and client.”  Counsel has made sufficient efforts to serve his client with notice of the motion.  Given that no trial date has been set and the two year discretionary deadline to dismiss the case for lack of service and the three year mandatory deadline to file proof of service is sufficiently far off, plaintiff will not be prejudiced by the granting of the motion.     

  1. CONCLUSION 

The Court GRANTS Counsel’s Motion to Be Relieved as Counsel.  

The Order shall take effect after counsel files proof of service of the Order on his client.   

Moving party to give notice. 

Parties who intend to submit on this tentative must send an email to the Court at SSCDEPT27@lacourt.org indicating intention to submit on the tentative as directed by the instructions provided on the court website at www.lacourt.org.  Please be advised that if you submit on the tentative and elect not to appear at the hearing, the opposing party may nevertheless appear at the hearing and argue the matter.  Unless you receive a submission from all other parties in the matter, you should assume that others might appear at the hearing to argue.  If the Court does not receive emails from the parties indicating submission on this tentative ruling and there are no appearances at the hearing, the Court may, at its discretion, adopt the tentative as the final order or place the motion off calendar. 

 

Dated this 25th day of April 2023 

 

  

 

 

Hon. Kerry Bensinger  

Judge of the Superior Court