Judge: Lisa R. Jaskol, Case: 22STCV08028, Date: 2023-07-11 Tentative Ruling

Case Number: 22STCV08028    Hearing Date: September 5, 2023    Dept: 28

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

BACKGROUND 

On March 4, 2022, Plaintiff Gabriela Chavez (“Plaintiff”) filed this action against Defendant Pet Tree, Inc. (“PT”) for general negligence and premises liability. Plaintiff later amended the complaint to include Defendants QX Investments, LLC (“QX”) and Quong Xiong (“Xiong”). On January 9, 2023, QX and Xiong filed an answer. 

On October 12, 2022, PT filed an answer and a Cross-Complaint against Cross-Defendants Xiong and QX for indemnification, apportionment of fault and declaratory relief. On January 9, 2023, QX and Xiong filed an answer. 

On July 24, 2023, PT’s counsel, Ronald Norman, filed a motion to be relieved as counsel to be heard on September 5, 2023.  No opposition has been filed. 

Trial is currently scheduled for March 5, 2024. 

COUNSEL’S REQUEST 

PT’s counsel, Ronald Norman, requests to be relieved as counsel. 

LEGAL STANDARD 

California Rules of Court, rule 3.1362 (Motion to Be Relieved as Counsel) requires (1) notice of motion and motion to be directed to the client (made on the Notice of Motion and Motion to be Relieved as Counsel—Civil form (MC-051)); (2) a declaration stating 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) (made on the Declaration in Support of Attorney's Motion to Be Relieved as Counsel—Civil form (MC-052)); (3) service of the notice of motion and motion, declaration, and proposed order on the client and all other parties who have appeared in the case; and (4) the proposed order relieving counsel (prepared on the Order Granting Attorney’s Motion to Be Relieved as Counsel—Civil form (MC-053)). 

The court has discretion to allow an attorney to withdraw.  The motion should be granted if there is no prejudice to the client and it does not disrupt the orderly process of justice. (Ramirez v. Sturdevant (1994) 21 Cal.App.4th 904, 915.) 

DISCUSSION 

Counsel has submitted completed MC-051, MC-052 and MC-053 forms. Counsel has provided an amended declaration stating “THE ATTORNEY-CLIENT RELATIONSHIP HAS BEEN SERVED [sic] AND ATTORNEY CAN NO LONGER SERVE CLIENT EFFECTIVELY.” Counsel stated he served PT by mail at PT’s last known address with copies of the motion papers served with counsel’s declaration and counsel confirmed within the past 30 days that the address is current by mail, return receipt requested.  Counsel submitted proof of service on all parties that have appeared in this case, including PT. The Court grants the motion. 

CONCLUSION 

The Court GRANTS counsel Ronald Norman’s motion to be relieved as counsel for Pet Tree, Inc.  Counsel will be relieved upon filing proof of service on Pet Tree, Inc. 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.