Judge: Lisa R. Jaskol, Case: BC716170, Date: 2023-06-22 Tentative Ruling

Case Number: BC716170    Hearing Date: June 22, 2023    Dept: 28

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

BACKGROUND 

On July 31, 2018, Plaintiff Brooks Geneva (“Plaintiff”) filed this action against Defendant City of Los Angeles (“Defendant”) for personal injuries against a public entity and public employee liability. 

On September 18, 2018, Defendant filed an answer. 

On May 24, 2023, Plaintiff’s counsel, Nabil E. Chelico, filed a motion to be relieved as counsel to be heard on June 22, 2023. 

There is no currently scheduled trial date. 

COUNSEL’S REQUEST 

Plaintiff’s counsel, Nabil E. Chelico, requests to be relieved as counsel for Plaintiff. 

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)). 

          California Rules of Court, rule 3.1362(d)(1), provides that 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." 

          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 

In his declaration, Plaintiff’s counsel states: “Irroncilable [sic] differences making it unreasonably difficult to carry out the employment effectively.”  Counsel also states that Plaintiff “did not consent to voluntarily withdrawal.” 

Counsel has complied with the requirements of California Rules of Court, rule 3.1362.  The Court grants the motion. 

CONCLUSION 

Plaintiff’s Counsel's motion to be relieved as counsel is GRANTED. 

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.