Judge: Lee S. Arian, Case: 23STCV24571, Date: 2024-01-03 Tentative Ruling

Case Number: 23STCV24571    Hearing Date: January 3, 2024    Dept: 27

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

I.       INTRODUCTION

          On October 9, 2023, Plaintiff Rita Mariorenzi (“Plaintiff”) filed a complaint against Defendants Jordan Mitchell and Lori Mitchell (collectively “Defendants”), for motor vehicle negligence. The complaint alleges that Defendants are liable for Plaintiff’s personal injuries and property damages stemming from a vehicle accident that occurred on October 10, 2021.

On December 1, 2023, Plaintiff’s attorney of record, Kristopher Amundsen of Fielding Law APC (“Counsel”) filed the instant motion to be relieved as counsel.

II.      LEGAL STANDARDS

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(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 Form MC-051 (Notice of Motion and Motion) (Cal. Rules of Court, rule 3.1362(a)), MC-052 (Declaration) (Cal. Rules of Court, rule 3.1362(c)), and MC-053 (Proposed Order) (Cal. Rules of Court, rule 3.1362(e)). The proposed order must specify all hearing dates scheduled in the action or proceeding, including the date of trial, if known. (Cal. Rules of Court, rule 3.1362(e).)

 Further, the requisite forms must be served on the client and all other parties who have appeared in the case. (Cal. Rules of Court, rule 3.1362(d).) The court may delay the effective date of the order relieving counsel until proof of service of a copy of the signed order on the client has been filed with the court. (Cal. Rules of Court, rule 3.1362(e).) A motion to withdraw will not be granted where withdrawal would prejudice the client.  (Ramirez v. Sturdevant (1994) 21 Cal.App.4th 904, 915.) 

III.     DISCUSSION

Counsel has filed completed forms MC-051, MC-052, and MC-053 with the Court. Additionally, on form MC-052, Counsel notes that she has served the moving papers on Plaintiff, by mail, at Plaintiff’s last known address, which was also confirmed by Counsel within the past 30 days of her filing of the instant motion.

Under Rule 3.1362 (d) of California Rules of Court, all the above requisite forms must be served on all other parties who have appeared in the case. Here, however, as none of the Defendants has appeared in the case, the requirement for Counsel is to serve the motion papers solely on Plaintiff.  Counsel has declared that she has done so. 

IV.     CONCLUSION

Plaintiff’s counsel’s motion to be relieved as counsel is GRANTED as of the date of service of the order granting Counsel’s motion.

Moving party to give notice.

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.

Dated this 3^rd Day of January 2024