Judge: Linda S. Marks, Case: 2018-01006528, Date: 2022-10-10 Tentative Ruling

Motion to Be Relieved as Counsel of Record filed by attorney for Jean Shir on 8/8/22

Motions to be relieved as counsel pursuant to Code of Civil Procedure § 284(2) are governed by California Rules of Court (“CRC”), rule 3.1362.

The Declaration of Scott Lesowitz appears to demonstrate good cause for granting the motion based on a breakdown in the attorney-client relationship preventing effective representation, and material differences between counsel and the client and counsel. (Declaration of Scott Lesowitz, ¶ 2.) Attorney Lesowitz also provides that withdrawal is called for under Rule of Professional Conduct 1.16. Said rule concerns declining or terminating representation and sets forth a list of reasons for which an attorney “shall withdraw” or “may withdraw.” Attorney Lesowitz does not specify what subdivision applies, nevertheless, sufficient grounds for withdrawal appear to be stated.

In addition, Attorney Lesowitz has used the proper forms for Notice, Declaration and the Proposed Order, as required by CRC, rule 3.1362.

However, there are two issues: one as to service, and the other as to the submitted Proposed Order.

First, pursuant to CRC, rule 3.1362(d), “[t]he notice of motion and motion, the declaration, and the proposed order must be served on the client and on all other parties who have appeared in the case.”

Proof of service of the moving papers must be filed no later than five court days before the time appointed for the hearing. (CRC, Rule, 3.1300(c).)

Here, while the declaration provides that the client was served by mail, there is no proof of service indicating when service was effectuated, or that all other parties who have appeared in the case have been served.

Second, pursuant to CRC, rule 3.1362(e), the proposed order “must be lodged with the court with the moving papers,” and “must specify all hearing dates scheduled in the action or proceeding, including the date of trial, if known.”

Here, the Proposed Order does not specify any dates, such that an updated Proposed Order should be lodged. (See ROA 286.)

Tentative Order: Scott Lesowitz and Lesowitz Gebelin LLP’s Motion to be Relieved as Counsel is CONTINUED to October 24, 10:00 am,  in Department C25.

Attorney Lesowitz is to file a proof of service demonstrating proper service on the client and all parties who have appeared in the case, and to lodge a proposed order containing the information required by California Rules of Court, rule 3.1362(e), no later than five court days before the continued hearing date.

Attorney Lesowitz to give notice