Judge: Lee S. Arian, Case: 19STCV08313, Date: 2023-10-31 Tentative Ruling

Case Number: 19STCV08313    Hearing Date: October 31, 2023    Dept: 27

Tentative Ruling

Judge Lee S. Arian, Department 27

HEARING DATE:      October 31, 2023                                         TRIAL DATE:  February 27, 2024

CASE:                                Cecilia Cecena, et al. v. Lee Spencer, et al.

CASE NO.:                 19STCV08313

MOTION TO BE RELIEVED AS COUNSEL

MOVING PARTY:               Law Offices of Marshall Silberg

RESPONDING PARTY:     No opposition

I.          INTRODUCTION

On September 13, 2023, Marshall Silberg and William S. Collins, counsel for Plaintiffs, Cecilia Cecena and Heidi Rubalcava, filed these Motions to be Relieved as Counsel.  

II.        LEGAL STANDARDS 

California Rule of Court rule 3.1362 (Motion to Be Relieved as Counsel) requires (1) notice of motion and motion to be directed to the client (made on the Notice of Motion and Motion to be Relieved as Counsel—Civil form (MC-051)); (2) 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)); (3) service of the notice of motion and motion and declaration on all other parties who have appeared in the case; and (4) the proposed order relieving counsel (prepared on the Order Granting Attorney's Motion to Be Relieved as Counsel—Civil form (MC-053)). 

The court has discretion to allow an attorney to withdraw, and such a motion should be granted provided that there is no prejudice to the client, and it does not disrupt the orderly process of justice.  (See Ramirez v. Sturdevant (1994) 21 Cal.App.4th 904, 915.)  

III.       DISCUSSION 

Marshall Silberg and William S. Collins seek to be relieved as counsel of record for Plaintiffs Cecilia Cecena and Heidi Rubalcava for the following reasons: “A conflict of interest has developed that requires counsel be relieved. A conflict has arisen between the client and counsel such that counsel is no longer able to effectively represent the client. Plaintiff has been notified of the conflict and of counsel’s intention to be relieved as co-counsel via writing as recently as September 12, 2023.”  (Forms MC-052.)   

Absent a showing of resulting prejudice, an attorney’s request for withdrawal should be granted.  (People v. Prince (1968) 268 Cal.App.2d 398, 406.).  

Upon review, the Court finds the Motions comply with California Rules of Court, rule 3.1362.

IV.       CONCLUSION        

            The unopposed Motions are granted and effective upon the filing of the proof of service of this signed order upon Plaintiffs.

            Counsel to give notice.  

Dated:   October 31, 2023                                         ___________________________________

                                                                                    Lee S. Arian

                                                                                    Judge of the Superior Court

            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.