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

BACKGROUND 

On April 22, 2022, Plaintiff Jasmine Sierra (“Plaintiff”) filed this action against Defendants Estate of Daniel Hernandez, Manuel Hernandez, Maria Hernandez, Maria Guadalupe Reyes, Juan Mateo Ramos and Efrain Mateo for motor vehicle negligence. 

On June 27, 2023, Plaintiff’s counsel, Jeffrey L. Fayngor and Oscar R. Roesler, filed a motion to be relieved as counsel to be heard on August 14, 2023. 

Trial is currently scheduled for October 20, 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 have provided a declaration stating they have been unable to contact or locate the client.  Counsel served Plaintiff via mail but were unable to confirm Plaintiff’s address. Counsel attempted to confirm the address by calling Plaintiff’s last known telephone number. Counsel submitted proof of service on Plaintiff.  No other parties have appeared in the action. The Court grants the motion. 

CONCLUSION 

The Court GRANTS Plaintiff’s counsel's motion 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 are ordered to give notice of this ruling. 

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