Judge: Latrice A. G. Byrdsong, Case: 21STLC05263, Date: 2023-10-16 Tentative Ruling
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Case Number: 21STLC05263 Hearing Date: October 16, 2023 Dept: 25
Hearing Date: Monday, October 16, 2023
Case Name: Juan
Pablo Villamizar Benitez v. New City Auto Corporation, Hudson Insurance Company,
Does 1- 100
Case No.: 21STLC05263
Motion: Motion to Be Relieved as Counsel
Moving Party: Counsel
Edwin Aimufua
Responding Party: None
Notice: Compliant w/ California Rules of
Court, Rule 3.1362
Recommended Ruling: The motion of Counsel Edwin Aimufua,
to be relieved as counsel for Defendant New City Auto Corporation is GRANTED.
BACKGROUND
On July
19, 2021, Plaintiff Juan Pablo Villamizar Benitez (“Plaintiff”) filed a
complaint against Defendants New City Auto Corporation (“Defendant”), Hudson
Insurance Company, and Does 1- 100, alleging causes of action for violation of
Song-Beverly Consumer Warranty Act, Civil Code § 1790 et seq., (2) violation of
Consumer Legal Remedies Act, Civil Code § 1770 et seq.; (3) violation of Civil
Code § 1632, and (4) bond liability. This action arises out of the sale of a
defective used vehicle, failure to provide Spanish interpretation of the
purchase documents and failure to honor dealer’s 30-day warranty.
On August
2, 2022, James A. Frieden, counsel for Defendant filed a Motion to Be Relieved
as Counsel. On November 2 and December 5, 2022, the Court noted that Counsel
had
not filed a Proposed Order, Form
MC-053, and continued the hearing. (11-2-22 Minute Order,
12-5-22 Minute Order.) On December
14, 2022, Defendant filed Form MC-050, Substitution of Attorney, substituting
Counsel Frieden with Counsel Edwin I. Aimufua, Esq. as counsel of record.
Subsequently, on January 10, 2023, the Court noted that, due to the filing of
the Substitution of Attorney form, Counsel Frieden’s Motion was moot. (1-10-23
Minute Order.) Thus, the Motion was placed off calendar. (Ibid.)
On
January 17, 2023, the Court placed trial off calendar after being informed that
the matter had settled. (1-17-23 Minute
Order.) On April 5 and June 6, 2023, the Court
was informed that the settlement had dissolved and scheduled Non-Jury Trial for
September 19, 2023. (4-5-23 Minute Order; 6-6-23 Minute Order.) On August 3,
2023, Counsel Edwin I. Aimufua (“Counsel”) filed the instant Motion to Be
Relieved as Counsel as to Defendant New City (“Motion”). On August 29, 2023,
the Court continued the hearing on the Motion to September 7, 2023. (8-29-23
Minute Order.) The Court also added that the September 19, 2023, trial date
would remain unchanged unless the parties submitted a proposed stipulation to
continue trial prior to the hearing on the Motion. (Ibid.)
On
September 7, 2023, the Court continued the Hearing on Motion to be Relieved as
Counsel for Defendant to 10/16/2023 at 10:00 AM in Department 25 at Spring
Street Courthouse. The Non-Jury Trial
scheduled for 09/19/2023 was continued to 01/16/2024 at 08:30 AM in Department
25 at Spring Street Courthouse.
On
October 4, 2023, Counsel filed this motion to be relieved as counsel for
Defendant, which included proof of service on Defendant.
MOVING PARTY
POSITION
Counsel
Edwin Aimufua seeks to be relieved as counsel for Defendant New City Auto
Corporation. Counsel contends there is a breakdown in communication and
irreconcilable differences between Attorney and Client.
OPPOSITION
None.
REPLY
None.
ANALYSIS
I. Motion to
Be Relieved as Counsel
A. Legal Standard
Cal. Civ. Proc. Code § 284 states that an attorney in an
action may be changed at any time before or after judgment: (1) upon the
consent of both client and attorney; or (2) upon the order of the court, upon
the application of either client or attorney, after notice from one to the
other. CCP § 284; CRC 3.1362. The court has power to permit withdrawal of
an attorney within its sound discretion. (Jones v. Green (1946) 74
Cal.App.2d 223, 230.) An attorney may
withdraw without cause as long as the withdrawal can be accomplished without
undue prejudice to the client’s interest – i.e., counsel cannot withdraw at a
critical point, but if the case is not at a critical point withdrawal is
permitted because the client will not be prejudiced. (Ramirez v.
Sturdevant (1994) 21 Cal.App.4th 904, 915.) The court has discretion to
deny the withdrawal request when withdrawal would work an injustice or cause
undue delay in proceeding; but the court’s discretion in this area is one to be
exercised reasonably. (Mandell v. Superior Court (1977) 67 Cal.App.3d 1,
4.)
Counsel must make a motion to be relieved as attorney of
record. The form and content of such motion are governed by CRC 3.1362. The motion must be made using mandatory
forms: Notice of Motion and Motion to be Relieved as Counsel – Civil (MC-051),
Declaration (MC-052), and Proposed Order (MC-053). The forms must be filed and served in
compliance with the procedural standards set forth in CRC 3.1362.
Here, Edwin Aimufua (“Attorney”) has filed a motion to be
relieved as counsel to Defendant (“Client”), given proper notice, and filed
forms MC-051, MC-052, and MC-053.
Attorney attests to a breakdown in communication and irreconcilable
differences between Attorney and Client. Rule 1.16 provides grounds under which
a lawyer must, or may, withdraw from representation, and there are numerous
reasons permitted for permissive withdrawal. Attorney therefore does satisfy
this requirement under CRC 3.1362(c).
Trial is set for January 16, 2024. Before the trial,
there are no motions scheduled and set for calendar. Withdrawal as of the date
of this motion is unlikely to cause prejudice as Defendant can find substitute
counsel before the trial date in January. As such, the motion is granted.
Accordingly, the motion to be relieved as counsel is
GRANTED.
II. Conclusion
The motion of Counsel Edwin Aimufua, to be relieved as
counsel for Defendant New City Auto Corporation is GRANTED.
Moving party is ordered to give notice.