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

BACKGROUND 

On August 9, 2022, Plaintiff Alberto Montes (“Plaintiff”) filed this action against Defendants Walmart, Inc., John Doe, and Does 1-100 for assault, battery, intentional infliction of emotional distress, negligence, and negligent hiring, supervision, and retention. 

On July 25, 2023, Plaintiff’s counsel, Daniel Moossai, filed a motion to be relieved as counsel to be heard on September 15, 2023. 

Trial is currently scheduled for February 6, 2024. 

COUNSEL’S REQUEST 

Plaintiff’s counsel, Daniel Moossai, 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 submitted completed MC-051, MC-052 and MC-053 forms. Counsel has provided a declaration stating: 

“This motion is based upon the grounds that there has been an irremediable breakdown in the attorney-client relationship that stands in the way of effective representation. Plaintiff's Attorney is not able to come into contact with Plaintiff despite multiple and regular attempts. Plaintiff's Attorney has mailed contact letters to the last known address for Plaintiff. Plaintiff's Attorney has called, followed up with texts, and emailed. To this day, Plaintiff has not responded or contacted our office regarding his case.” 

Counsel stated he served Plaintiff by mail at his last known address, return receipt requested, but counsel could not confirm that the address is current or locate a more current address for Plaintiff after calling, sending follow-up texts, sending contact letters, and sending emails.  Counsel submitted proof of service on all parties, including Plaintiff. 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 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.