Judge: Latrice A. G. Byrdsong, Case: 22STLC07014, Date: 2023-11-13 Tentative Ruling

Case Number: 22STLC07014    Hearing Date: November 13, 2023    Dept: 25

Hearing Date:                         Monday, November 13, 2023

Case Name:                             King v. FDC Management, et al.

Case No.:                                22STLC07014

Motion:                                   Motion to Be Relieved as Counsel

Moving Party:                         Attorney Zachary Freire-Aviña

Responding Party:                   None

Notice:                                    OK

Tentative Ruling:           Plaintiff’s Counsel Zachary Freire-Aviña’s Motion to Be Relieved as Counsel is GRANTED.

The Court's Ruling and Attorney's relief as Counsel of record for client is not effective until Proof of Service of the Order signed by the Court upon the client is filed in this action.  Until then, counsel continues to be counsel of record.  Cal. Rules of Court 3.1362(e).

BACKGROUND

On October 21, 2022, Plaintiff Quanda King (“Plaintiff”), in propria persona, filed an action against Defendants Stacey Hale (“Hale”), FDC Management, Inc. (“FDC Management”) and FDC Equities, Inc. (“FDC Equities”), (collectively “Defendants”) for:

(1) Disability Discrimination: Failure to Provide Reasonable Accommodations in Violation of the Fair Employment and Housing Act (“FEHA”);

(2) Landlord Harassment in Violation of FEHA, California Civil Code § 1940.2, Cal. Civ. Code § 1942.5 and L.A. County, Cal., Mun. Code § 8.52.170;

(3) Retaliatory Discrimination in Violation of FEHA, Cal. Civ. Code § 1942.5, and L.A. County, Cal., Mun. Code § 8.52.170;

(4) Failure to Prevent Discrimination, Retaliation, and Landlord Harassment in Violation of FEHA, California Civil Code Section 1940.2, Cal. Civ. Code § 1942.5 and L.A. County, Cal., Mun. Code § 8.52.170; 5

(5) Breach of Covenant of Good Faith and Fair Dealings;

(6) Disparate Treatment in Violation of Unruh Act;

(7) Negligent and Intentional Infliction of Emotional Distress;

(8) Injunctive Relief.

On September 5, 2023, Zachary Freire-Aviña, counsel for Plaintiff Quanda King filed a Motion to Be Relieved as Counsel.

            To date, no opposition has been filed.

MOVING PARTY POSITION

Counsel Zachary Freire-Aviña seeks to be relieved as counsel for Plaintiff Quanda King. 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.

B.                 Analysis

Here, Zachary Freire-Aviña (“Attorney”) has filed a motion to be relieved as counsel to Plaintiff (“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).

There are no motions scheduled and set for calendar. There is no evidence that withdrawal as of the date of this motion is likely to cause prejudice to Plaintiff. As such, the motion is granted.

Accordingly, the motion to be relieved as counsel is GRANTED.

III.       Conclusion

            The motion of Zachary Freire-Aviña, to be relieved as counsel for Plaintiff Quanda King is GRANTED.  

The Court's Ruling and Attorney's relief as Counsel of record for client is not effective until Proof of Service of the Order signed by the Court upon the client is filed in this action.  Until then, counsel continues to be counsel of record.  Cal. Rules of Court 3.1362(e).

Moving party is ordered to give notice.