Judge: Lisa R. Jaskol, Case: 23STCV28522, Date: 2024-12-17 Tentative Ruling
Case Number: 23STCV28522 Hearing Date: December 17, 2024 Dept: 28
Having considered the moving papers, the Court rules as follows.
BACKGROUND
On November 21, 2023, Plaintiff Elly-Joy Shalome Kaushansky (“Plaintiff”) filed this action against Defendants Alon West Hills, LLC, Alon Investment, Inc., Iris Shapiro, Doron Shauly, and Does 1-50 for breach of contract, breach of implied warranty of habitability/tenantability, collection of rent on substandard dwelling, breach of implied warranty of quiet enjoyment, negligence (habitability), private nuisance, retaliatory acts, constructive eviction, assault, battery, negligence (personal injury), intentional infliction of emotional distress, and negligent infliction of emotional distress.
On January 26, 2024, Defendants Alon West Hills, LLC, and Doron Shauly filed answers. On February 9, 2024, Defendants Iris Shapiro and Alon Investment LLC (erroneously sued as Alon Investment, Inc.) filed an answer.
On October 30, 2024, Plaintiff’s counsel, Steven Morris, Esq., filed a motion to be relieved as counsel. The motion was set for hearing on December 17, 2024. On December 10, 2024, Plaintiff filed a declaration opposing the motion. On December 11, 2024, Plaintiff’s counsel filed a reply. On December 16, 2024, Defendants Iris Shapiro and Alon Investment LLC (erroneously sued as Alon Investment, Inc.) (“Objecting Defendants”) filed an objection to Plaintiff’s declaration.
Trial is currently set for May 20, 2025.
REQUESTS
Plaintiff’s counsel Steven Morris, Esq. asks to be relieved as counsel.
Plaintiff asks the Court to deny the motion.
Objecting Defendants object to Plaintiff’s declaration, which Plaintiff did not serve on them.
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.)
“A lawyer violates his or her ethical mandate by abandoning a client [citation], or by withdrawing at a critical point and thereby prejudicing the client's case.” (Ramirez v. Sturdevant (1994) 21 Cal.App.4th 904, 915.) “We are, however, aware of no authority preventing an attorney from withdrawing from a case when withdrawal can be accomplished without undue prejudice to the client's interests.” (Ibid.)
DISCUSSION
Counsel has filed and served the required paperwork and provided the necessary information to support the motion to be relieved as counsel.
Plaintiff states that her counsel’s withdrawal would impair her ability to seek justice. However, Plaintiff also criticizes her counsel’s handling of the case.
The Court finds that allowing Plaintiff’s counsel to withdraw will not unduly prejudice Plaintiff’s interests because the trial is not scheduled to take place until May 20, 2025.
The Court grants the motion. The Court also cautions Plaintiff that the Court will not consider Plaintiff's future filings unless Plaintiff (1) properly serves the filing on the other parties who have appeared in the case and (2) files a proof of service.
CONCLUSION
The Court GRANTS Plaintiff’s counsel Steven Morris, Esq.’s motion to be relieved as counsel for Plaintiff Elly-Joy Shalome Kaushansky. Plaintiff’s counsel will be relieved upon filing proof of service on Plaintiff Elly-Joy Shalome Kaushansky of the Order Granting Attorney’s Motion to Be Relieved as Counsel--Civil (Judicial Council form MC-053).
Plaintiff’s counsel is ordered to give notice of this ruling.
Plaintiff’s counsel is ordered to file the proof of service of this ruling with the Court within five days.