Judge: Lisa R. Jaskol, Case: 23STCV06556, Date: 2025-04-22 Tentative Ruling
Case Number: 23STCV06556 Hearing Date: April 22, 2025 Dept: 28
Having considered the moving papers, the Court rules as follows.
BACKGROUND
On March 24, 2023, Plaintiff Dennis Robins (“Plaintiff”) filed this action against Defendants Los Angeles County Metropolitan Transportation Authority (“Defendant”) and Does 1-20 for general negligence.
On October 24, 2023, Defendant filed an answer.
On March 11, 2025, Plaintiff’s counsel filed a motion to be relieved as counsel. The motion was set for hearing on April 22, 2025.
COUNSEL’S REQUEST
Plaintiff’s counsel asks to be relieved as counsel.
LEGAL STANDARD
Code of Civil Procedure section 284 provides:
“The attorney in an action or special proceeding may be changed at any time before or after judgment or final determination as follows:
1. “Upon the consent of both client and attorney, filed with the clerk, or entered upon the minutes;
2. “Upon the order of the court, upon the application of either client or attorney, after notice from one to the other.”
(Code Civ. Proc., § 284.)
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 notice of motion and motion (form MC-051) does not list the name of the attorney who is asking to be relieved as Plaintiff’s counsel in Section 1. (See Cal. Rules of Court, rule 3.1362(a) [notice of motion and motion to be relieved as counsel “must be made on the Notice of Motion and Motion to Be Relieved as Counsel-Civil (form MC-051)”].)
The proof of service attached to the notice of motion and motion (form MC-051) states that counsel served “Motion to Withdraw as Counsel” on Plaintiff and Defendant. However, counsel has not filed a proof of service showing service of the declaration (form MC-052) and proposed order (form MC-053) on all parties who have appeared in the case (i.e., Plaintiff and Defendant). (See Cal. Rules of Court, rule 3.1362(d).)
CONCLUSION
The Court DENIES without prejudice the motion of counsel for Plaintiff Dennis Robins to be relieved as counsel.
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.