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

BACKGROUND 

On July 21, 2022, Plaintiffs Tatiana Dansby (Dansby) and Estate of Keith Craven filed this action against Defendants Does 1 to 50 for motor vehicle tort. Plaintiffs later amended the complaint to add Defendants Ralph Clayton & Sons LLC and Ralph J. Clayton. 

On June 8, 2023, Plaintiffs’ counsel, Jason N. Argos, Esq., filed a motion to be relieved as counsel for Dansby, to be heard on July 28, 2023. 

On July 28, 2023, the Court continued the hearing on the motion to August 11, 2023 and ordered counsel to submit proof of service of the motion papers on Plaintiffs and any other parties who have appeared in the case. 

Trial is currently scheduled for January 18, 2024. 

COUNSEL’S REQUEST 

Plaintiffs’ counsel, Jason N. Argos, Esq., asks to be relieved as counsel for Plaintiffs. 

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 a declaration stating that for nearly twelve months Dansby has failed to respond to his office’s attempts to communicate with her. Counsel states that counsel served Dansby by mail at her last known address and confirmed the address with Dansby’s trusts and estates lawyer. 

Counsel has submitted proof of service on Dansby, who is acting both for herself and as a representative of Estate of Keith Craven.  The Court grants the motion. 

CONCLUSION 

The Court GRANTS Plaintiffs’ 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 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.

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