Judge: Lisa R. Jaskol, Case: 22STCV31294, Date: 2024-08-19 Tentative Ruling
Case Number: 22STCV31294 Hearing Date: August 19, 2024 Dept: 28
Having considered the moving papers, the Court rules as follows.
BACKGROUND
On September 22, 2022, Plaintiffs Yochonon Baitelman and Yochonon Baitelman on behalf of Mushka Baitelman, Rivka Baitelman and Esther Baitelman, minors, filed this action against Defendants John Alphonse Marasco (“Marasco”), Amie Jennet Morris (“Morris”), The Los Angeles Fire Department (“LAFD”), and Does 1-10 for motor vehicle tort and general negligence.
On March 22, 2024, Morris filed an answer and a cross-complaint against Cross-Defendants Marasco, LAFD, and Roes 1-10 for indemnity, declaratory relief, and apportionment of fault. On August 9, 2024, Defendant City of Los Angeles, acting by and through the Los Angeles Fire Department (“City”), and Marasco filed an answer to the cross-complaint.
On June 7, 2024, Defendants City of Los Angeles, acting by and through the Los Angeles Fire Department (“City”), and Marasco filed an answer to Plaintiff’s complaint.
On June 27, 2024, the City filed a cross-complaint against Cross-Defendants Morris and Roes 1-10 for indemnification, apportionment of fault, and declaratory relief. On June 26, 2024, Morris filed an answer to the City’s cross-complaint.
On July 26, 2024, Plaintiffs’ counsel, Jamie Lefkowitz, filed a motion to be relieved as counsel for Plaintiff Rivka Baitelman. The motion was set for hearing on August 19, 2024.
COUNSEL’S REQUEST
Plaintiffs’ counsel, Jamie Lefkowitz, asks to be relieved as counsel for Plaintiff Rivka Baitelman.
LEGAL STANDARD
California Rules of Court, rule 3.1362, provides:
“(a) Notice
“A notice of motion and motion to be relieved as counsel under Code of Civil Procedure section 284(2) must be directed to the client and must be made on the Notice of Motion and Motion to Be Relieved as Counsel-Civil (form MC-051).
“(b) Memorandum
“Notwithstanding any other rule of court, no memorandum is required to be filed or served with a motion to be relieved as counsel.
“(c) Declaration
“The motion to be relieved as counsel must be accompanied by a declaration on the Declaration in Support of Attorney's Motion to Be Relieved as Counsel-Civil (form MC-052). The declaration must state 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).
“(d) Service
“The notice of motion and motion, the declaration, and the proposed order must be served on the client and on all other parties who have appeared in the case. The notice may be by personal service, electronic service, or mail.
“(1) If the notice is served on the client by mail under Code of Civil Procedure section 1013, it must be accompanied by a declaration stating facts showing that either:
“(A) The service address is the current residence or business address of the client; or
“(B) The service address is the last known residence or business address of the client and the attorney has been unable to locate a more current address after making reasonable efforts to do so within 30 days before the filing of the motion to be relieved.
“(2) If the notice is served on the client by electronic service under Code of Civil Procedure section 1010.6 and rule 2.251, it must be accompanied by a declaration stating that the electronic service address is the client's current electronic service address.
“As used in this rule, ‘current’ means that the address was confirmed within 30 days before the filing of the motion to be relieved. Merely demonstrating that the notice was sent to the client's last known address and was not returned or no electronic delivery failure message was received is not, by itself, sufficient to demonstrate that the address is current. If the service is by mail, Code of Civil Procedure section 1011(b) applies.
“(e) Order
“The proposed order relieving counsel must be prepared on the Order Granting Attorney's Motion to Be Relieved as Counsel-Civil (form MC-053) and must be lodged with the court with the moving papers. The order must specify all hearing dates scheduled in the action or proceeding, including the date of trial, if known. If no hearing date is presently scheduled, the court may set one and specify the date in the order. After the order is signed, a copy of the signed order must be served on the client and on all parties that have appeared in the case. The court may delay the effective date of the order relieving counsel until proof of service of a copy of the signed order on the client has been filed with the court.”
(Cal. Rules of Court, rule 3.1362.)
DISCUSSION
Counsel’s declaration does not use Judicial Council form MC-052 as California Rules of Court, rule 3.1362(c), requires.
In addition, counsel has not served all the parties that have appeared in this action, as California Rules of Court, rule 3.1362(d), requires.
The Court denies the motion.
CONCLUSION
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.