Judge Lee S. Arian, Case Number: 20STCV07562, Date: 2024-12-12 Tentative Ruling

Judge: Lee S. Arian, Case: 20STCV07562, Date: 2024-12-12 Tentative Ruling

Case Number: 20STCV07562 Hearing Date: December 12, 2024 Dept: 27

Hon. Lee S. Arian

Department 27

Tentative Ruling

Hearing Date: 12/12/2024 at 1:30 p.m.

Case No./Name.: 20STCV07562 DANIELA ALVAREZ vs MICHAEL K. OBENG, M.D., et al.

Motion: MOTION TO BE RELIEVED AS COUNSEL

Moving Party: Defendant Michael K. Obeng, M.D.’s Counsel

Responding Party: Unopposed

Notice: Sufficient

Ruling: MOTION TO BE RELIEVED IS DENIED.

Background

Defendant Michael K. Obeng, M.D.’s (Defendant) counsel of record, Levi R. Uku (Counsel), moves to be relieved as counsel for Defendant. Counsel contends relief is necessary because there has been a breakdown in the attorney-client relationship. No opposition has been filed.

Legal Standard

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; People v. Prince (1968) 268 Cal.App.2d 398, 403-407.)

A motion to be relieved as counsel must be made on Judicial Council Form 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).) The requisite forms must be served “on the client and on all parties that have appeared in the case.” (Cal. Rules of Court, Rule 3.1362, subd. (d).)

Analysis and Conclusion

Counsel has filed Judicial Council Form MC-051 (Notice of Motion and Motion), MC-052 (Declaration), and MC-053 (Proposed Order). Counsel seeks to be relieved as counsel on the grounds that there has been a breakdown in the attorney-client relationship and communication. The Court finds this to be proper grounds for withdrawal. (See Estate of Falco (1987) 188 Cal.App.3d 1004, 1014 (a breakdown in the attorney-client relationship is grounds for allowing the attorney to withdraw).)

However, the Court notes that Counsel failed to provide notice within the minimum statutory period. Under Code of Civil Procedure section 1005(b), moving papers must be served and filed at least 16 court days before the hearing. If served by mail, the period is extended by five calendar days. Applying this, 16 court days before the current hearing was November 18, 2024. Adding five calendar days for service by mail, and this motion needed to be served and filed by November 13, 2024. Because this motion was not filed and served until November 18, 2024, it is untimely. Furthermore, the proof of service does not reflect that the declaration (MC-052) was also served on the parties and Defendant.

Additionally, the final status conference is scheduled for February 7, 2025. Trial is set for February 21, 2025. This action was filed on February 24, 2020. Given the age of the case and proximity to the final status conference date, the Court is concerned that a withdrawal may prejudice Defendant. Counsel has not explained in the declaration how he has taken reasonable steps to avoid reasonably foreseeable prejudice to the rights of Defendant. (See Cal. Rules Prof. Conduct, rule 1.16(d).)

Lastly, the Court notes that Counsel did not write the correct information on all future proceedings. For example, the final status conference and trial times are incorrect in the Order and MC-052. Counsel must review this information.

Thus, the present motion is DENIED.

¿¿PLEASE TAKE NOTICE:¿

¿¿

If a party intends to submit on this tentative ruling,¿the party must send an email to the court at¿sscdept27@lacourt.org¿with the Subject line “SUBMIT” followed by the case number.¿ The body of the email must include the hearing date and time, counsel’s contact information, and the identity of the party submitting.

Unless¿all¿parties submit by email to this tentative ruling, the parties should arrange to appear remotely (encouraged) or in person for oral argument.¿ You should assume that others may appear at the hearing to argue.

If the parties neither submit nor appear at hearing, the Court may take the motion off calendar or adopt the tentative ruling as the order of the Court.¿ After the Court has issued a tentative ruling, the Court may prohibit the withdrawal of the subject motion without leave.