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

BACKGROUND 

On April 6, 2022, Plaintiff Rachel Estrada (“Plaintiff”) filed this action against Defendants Helpful Housing (“Defendant”) and Does 1-50 for general negligence and premises liability. 

On August 9, 2023, Plaintiff’s counsel, Jeffrey L. Fayngor and Oscar R. Roesler, filed a motion to be relieved as counsel to be heard on September 13, 2023. 

Trial is currently scheduled for October 4, 2023. 

COUNSEL’S REQUEST 

Plaintiff’s counsel, Jeffrey L. Fayngor and Oscar R. Roesler, request to be relieved as counsel for Plaintiff. 

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 submitted completed MC-051, MC-052 and MC-053 forms. Counsel provided a declaration stating, “Client will not communicate with counsel.”  Counsel served Plaintiff by mail at her last known address. Counsel attempted to confirm Plaintiff’s address, without success, by calling Plaintiff’s last known telephone number. Counsel submitted proof of service on Plaintiff, the only party who has appeared in this action. 

Trial is scheduled to begin on October 4, 2023.  However, as Defendant has not yet appeared, it is unlikely that the trial will proceed as scheduled.  Therefore, the Court finds that Plaintiff will not be unduly prejudiced by an order relieving her counsel. 

The Court grants the motion. 

CONCLUSION 

The Court GRANTS the motion of Plaintiff’s counsel's to be relieved as counsel. 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.