Having considered the moving papers, the Court rules as follows. 

BACKGROUND 

On September 10, 2021, Plaintiff Thomas Scaduto (“Plaintiff”) filed this action against Defendants A&A Transportation and Repair Corp. dba A&A Logistics (“A&A”), Jose Alferez Baraona (“Baraona”) and Does 1-10 for motor vehicle tort and general negligence. 

On December 20, 2021, A&A filed an answer and a cross-complaint against Cross-Defendants Does 1-10 for indemnification, apportionment of fault, and declaratory relief. 

On February 3, 2022, Baraona filed an answer and a cross-complaint against Cross-Defendants Roes 1-10 for indemnification, apportionment of fault, and declaratory relief. 

On November 6, 2023, Plaintiff’s counsel Gregory Martin and M&Y Personal Injury Lawyers filed a motion to be relieved as counsel to be heard on December 12, 2023. 

Trial is currently scheduled for April 29, 2024. 

COUNSEL’S REQUEST 

Plaintiff’s counsel Gregory Martin and M&Y Personal Injury Lawyers request to be relieved as counsel. 

LEGAL STANDARD 

California Rules of Court, rule 3.1362, provides: 

“(a) Notice 

“A notice of motion and motion to be relieved as counsel under Code of Civil Procedure section 284(2) must be directed to the client and must be made on the Notice of Motion and Motion to Be Relieved as Counsel-Civil (form MC-051). 

“(b) Memorandum 

“Notwithstanding any other rule of court, no memorandum is required to be filed or served with a motion to be relieved as counsel. 

“(c) Declaration 

“The motion to be relieved as counsel must be accompanied by a declaration on the Declaration in Support of Attorney's Motion to Be Relieved as Counsel-Civil (form MC-052). The declaration must state 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). 

“(d) Service 

“The 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. The notice may be by personal service, electronic service, or mail. 

“(1)  If the notice is served on the client by mail under Code of Civil Procedure section 1013, it must be accompanied by a declaration stating facts showing that either: 

“(A)   The service address is the current residence or business address of the client; or 

“(B)   The service address is the last known residence or business address of the client and the attorney has been unable to locate a more current address after making reasonable efforts to do so within 30 days before the filing of the motion to be relieved. 

“(2)  If the notice is served on the client by electronic service under Code of Civil Procedure section 1010.6 and rule 2.251, it must be accompanied by a declaration stating that the electronic service address is the client's current electronic service address. 

“As used in this rule, ‘current’ means that the address was confirmed within 30 days before the filing of the motion to be relieved. Merely demonstrating that the notice was sent to the client's last known address and was not returned or no electronic delivery failure message was received is not, by itself, sufficient to demonstrate that the address is current. If the service is by mail, Code of Civil Procedure section 1011(b) applies. 

“(e) Order 

“The proposed order relieving counsel must be prepared on the Order Granting Attorney's Motion to Be Relieved as Counsel-Civil (form MC-053) and must be lodged with the court with the moving papers. The order must specify all hearing dates scheduled in the action or proceeding, including the date of trial, if known. If no hearing date is presently scheduled, the court may set one and specify the date in the order. After the order is signed, a copy of the signed order must be served on the client and on all parties that have appeared in the case. 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.) 

DISCUSSION 

Counsel submitted completed MC-051, MC-052 and MC-053 forms. Counsel has provided a declaration stating there has been an “irreconcilable breakdown in the attorney-client relationship.”  Counsel served Plaintiff by mail at his last known address, which counsel confirmed by telephone. Counsel submitted proof of service on all parties, including Plaintiff. The Court grants the motion. 

CONCLUSION 

The Court GRANTS the motion of Plaintiffs’ counsel Gregory Martin and M&Y Personal Injury Lawyers to be relieved as counsel for Plaintiff Thomas Scaduto. 

 Counsel will be relieved upon filing proof of service on the client of the Order Granting Attorney’s Motion to Be Relieved as Counsel--Civil (Judicial Council form MC-053). 

Counsel is ordered to give notice of this ruling. 

Counsel is ordered to file the proof of service of this ruling with the Court within five days.