Judge: Lee S. Arian, Case: 23STCV28209, Date: 2024-03-28 Tentative Ruling

Case Number: 23STCV28209    Hearing Date: March 28, 2024    Dept: 27

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Background

Plaintiff is currently represented by counsel Hazel Chang (“Chang”) of Wilshire Law Firm. Chang moves to be relieved as counsel, citing an irremediable breakdown in the attorney-client communication and/or relationship, which rendered it unreasonably difficult, if not impossible, for Chang to continue representing Plaintiff. 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¿¿ 

Judicial Council Form MC-051 (Notice of Motion and Motion), MC-052 (Declaration), and MC-053 (Proposed Order) have all been filed and served. Chang seeks to be relieved as counsel for Plaintiff on the grounds that there has been a breakdown in the attorney-client relationship. The Court finds this to be proper grounds for withdrawal. A breakdown in the attorney-client relationship and/or communication is grounds for allowing the attorney to withdraw. (Estate of Falco (1987) 188 Cal.App.3d 1004, 1014.) The Court notes that the next hearing is an FSC set for 5/25/25.

Despite efforts to mail the documents to Plaintiff, Chang has been unable to confirm Plaintiff’s current mailing address. However, Chang has undertaken reasonable efforts to locate a more current address by mailing the motion to Plaintiff's last known address with a return receipt, calling her last known phone number, hiring a private investigator to locate her, and attempting to contact her by email, mail and phone. And, in fact, Chang’s text messages to  Plaintiff were confirmed as read but Plaintiff did not respond. The Court thus finds that Chang has made reasonable efforts to contact Plaintiff and obtain her last known address. Accordingly, the present motion to be relieved as counsel is GRANTED, effective upon Chang serving Notice of this ruling on Plaintiff at Plaintiff’s last known address.

¿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.