Judge: Lisa R. Jaskol, Case: 23STCV04494, Date: 2024-01-26 Tentative Ruling

Case Number: 23STCV04494    Hearing Date: January 26, 2024    Dept: 28

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

BACKGROUND 

On March 1, 2023, Plaintiff Angelina Rangel (“Plaintiff”) filed this action against Defendants Jose Manuel Villanueva (“Villanueva”) and Does 1-50 for negligence. 

On March 16, 2023, Plaintiff filed a first amended complaint against Defendants Villanueva, Luviano Cardenas Reyna, and Does 1-50 for negligence. 

On May 18, 2023, Defendants Villanueva and Reyna Luviano Cardenas filed an answer. 

On December 19, 2023, and December 21, 2023, Plaintiff’s counsel, Frank Perez of Perez & Perez, APC, filed motions to be relieved as counsel, to be heard on January 26, 2024. 

Trial is currently scheduled for August 28, 2024. 

COUNSEL’S REQUEST 

Plaintiff’s counsel, Frank Perez of Perez & Perez, APC, request to be relieved as counsel for Plaintiff.   

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 has submitted MC-051, MC-052 and MC-053 forms.  Counsel served Plaintiff at her last known address and submitted proof of service on all parties that have appeared in this case. 

However, counsel has not explained the need for his withdrawal.  Counsel states that “withdrawal is mandatory” but does not explain why and that he has been unable to “obtain a signed substitution of attorney.”  The Court understands that counsel may not reveal client confidences, but counsel should attempt to state in general terms the nature of the reason for withdrawal without violating his duty of confidentiality.  Alternatively, counsel may explain why he cannot ethically provide this information. 

The Court denies the motion. 

CONCLUSION

The Court DENIES without prejudice the motion of Frank Perez of Perez & Perez, APC, to be relieved as counsel for Plaintiff Angelina Rangel. 

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.