Judge: Latrice A. G. Byrdsong, Case: 22STLC07199, Date: 2024-06-10 Tentative Ruling

Case Number: 22STLC07199    Hearing Date: June 10, 2024    Dept: 25

Hearing Date:                         Monday, June 10, 2024

Case Name:                             EVELYNE I FRANZUA, et al. v. JOSPEH ZEPEDA, et al.

Case No.:                                22STLC07199

Motion:                                   Motion to be Relieved as Counsel  for Plaintiffs

Moving Party:                         Michael P. O’Sullivan (Attorney) 

Responding Party:                   None

Notice:                                    OK 

TENTATIVE RULING:  Plaintiffs’ Counsel’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).

ANALYSIS: 

                    I. Background  

On October 31, 2022, Plaintiffs Evelyne I. Franzua, Daveon L. Myles, and Sariah A. Harris Franzua, filed an action against Defendants Joseph Zepeda and Frank Zepeda for motor vehicle and general negligence, arising out of a vehicle collision that occurred on August 26, 2021.

                On May 1, 2024, Plaintiffs’ counsel filed the instant Motion to be Relieved as Counsel. No opposition has been filed. 

                 II.Legal Standard

The court may order that an attorney be changed or substituted at any time before or after judgment or final determination upon request by either client or attorney and after notice from one to the other. (Code Civ. Proc. § 284, subd. (2).) “The determination whether to grant or deny a motion to withdraw as counsel lies within the sound discretion of the trial court.” (Manfredi & Levine v. Superior Court (1998) 66 Cal.App.4th 1128, 1133.) An application to be relieved as counsel must be made on Judicial Counsel Forms MC-051 (Notice of Motion and Motion), MC-052 (Declaration), and MC-053 (Proposed Order). (Cal. Rules of Court, rule 3.1362, subds. (a), (c), (e).)

In addition, California Rules of Court, rule 3.1362 subsection (d) requires that the notice of motion and motion, declaration, and proposed order be served on the client and all other parties who have appeared in the case by personal service, electronic service, or mail. If the notice is served by mail, it must be accompanied by a declaration stating facts showing that either:

(A) The service address is the current residence or business address of the client; or

(B) The service address is 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, subd. (1)(A) & (2).)

              III.Discussion 

Plaintiffs’ Counsel seeks to be relieved because: (1) conduct by the client renders it unreasonably difficult to carry out employment effectively; (2) client’s continued lack of response to his attorney; (3) non-cooperation by client; and (4) the relationship of trust and confidence essential to the attorney-client relationship has ceased to exist. (MC-052, ¶ 2.)  

The Court is satisfied with Counsel’s reasons for seeking to be relieved. Counsel states in his declaration that the Motion was served at Plaintiff’s last known address which was confirmed as current within 30 days before this Motion was filed by emails and telephone. (Id. at ¶ 3.) Further, the proof of service filed demonstrates that Plaintiffs were served with the Motion and supporting documents as required by California Rules of Court, rule 3.1362. No defendant has yet answered and thus, service is not needed upon them. Further, the proposed order and declaration have correct hearing dates listed for this action. In addition, trial is not yet set and thus, granting this motion will not cause prejudice as Plaintiffs have sufficient time to obtain new representation if they so choose.

              IV.Conclusion & Order 

For the foregoing reasons, Plaintiffs’ Counsel’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).

Status Conference Re:  Status of Plaintiffs’ Substitution of Attorney or Motion to Be Relieved as Counsel scheduled for 08/01/2024 is hereby taken off calendar.

The Court sets a Status Conference Re:  Status of Plaintiffs’ Legal Representation for 08/01/2024 at 9:30 a.m. in Department 25 of the Spring Street Courthouse.

The Moving party is ordered to give notice and to attach a copy of the Court's Tentative Ruling, as an exhibit “A” to said notice, as the final order of the Court.