Judge: Lisa R. Jaskol, Case: 21STCV37824, Date: 2024-11-18 Tentative Ruling
Case Number: 21STCV37824 Hearing Date: November 18, 2024 Dept: 28
Having considered the moving papers, the Court rules as follows.
BACKGROUND
On October 13, 2021, Plaintiff Michael Jackson (“Plaintiff”) filed this action against Defendants Sultan Saud Al-Saud (“Al-Saud”), Mildred Siverson (“Siverson”), and Does 1-25 for motor vehicle tort and general negligence.
On July 27, 2023, Plaintiff’s counsel informed the Court that Plaintiff had passed away and counsel was in the process of contacting relatives as possible successors-in-interest.
On August 25, 2023, Al-Saud and Siverson filed an answer.
On October 1, 2024, Plaintiff’s counsel Christine V. Reyes, Esq., filed a motion to be relieved as counsel. The motion was set for hearing on November 18, 2024.
Trial is currently scheduled for March 19, 2025.
COUNSEL’S REQUEST
Plaintiff’s counsel Christine V. Reyes, Esq., asks to be relieved as counsel.
LEGAL STANDARD
Code of Civil Procedure section 284 provides:
“The attorney in an action or special proceeding may be changed at any time before or after judgment or final determination as follows:
1. “Upon the consent of both client and attorney, filed with the clerk, or entered upon the minutes;
2. “Upon the order of the court, upon the application of either client or attorney, after notice from one to the other.”
(Code Civ. Proc., § 284.)
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
Under California Rules of Court, 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.” (Cal. Rules of Court, rule 3.1362(d), emphasis added.) Defendants Al-Saud and Siverson have appeared in this case but Plaintiff's counsel has not provided proof of properly serving them.
The proofs of service attached to Plaintiff’s counsel’s moving papers do not list Khelya M. Okunor of the Law Offices of Scott C Stratman, the attorney of record for Al-Saud and Siverson. The proofs of service state that Plaintiff’s counsel served Al-Saud, but at an address that does not appear in the Court’s records. The proofs of service do not mention Siverson.
Because Plaintiff’s counsel has not complied with California Rules of Court, rule 1.1362(d), the Court denies the motion to be relieved as counsel.
CONCLUSION
Plaintiff’s counsel is ordered to give notice of this ruling.
Plaintiff’s counsel is ordered to file the proof of service of this ruling with the Court within five days.