Judge: Lynette Gridiron Winston, Case: 22PSCV01036, Date: 2023-09-27 Tentative Ruling

Case Number: 22PSCV01036    Hearing Date: September 27, 2023    Dept: 6

Blanca Moreno v. Carlos Castillo, et al.

Motion to be Relieved as Counsel

TENTATIVE RULING
The Motion to be Relieved as Counsel is GRANTED on the condition that Counsel submits a revised proposed order containing all future hearing dates.

Counsel is ordered to give notice of this ruling and file proof of service of same within five calendar days.

BACKGROUND
This is a quiet title dispute. On September 12, 2022, Plaintiff Blanca Moreno (Plaintiff) filed this action against Defendant Carlos Castillo (Defendant). On May 17, 2023, Plaintiff filed the operative Second Amended Complaint, alleging causes of action for quiet title, breach of contract, fraud, unjust enrichment, civil theft (Penal Code § 496), breach of fiduciary duty, constructive trust, resulting trust, intentional infliction of emotional distress, and negligent infliction of emotional distress.

On August 30, 2023, Gary E. Mastin, counsel for Defendant, filed a motion to be relieved as counsel. The motion is unopposed.

LEGAL STANDARD
The court has discretion to allow an attorney to withdraw, and such a motion should be granted, provided that there is no prejudice to the client, and it does not disrupt the orderly process of justice. (See Ramirez v. Sturdevant (1994) 21 Cal.App.4th 904, 915; People v. Prince (1968) 268 Cal.App.2d 398, 403-407.)

An application to be relieved as counsel must be made on Judicial Council Form MC-051 (Notice of Motion and Motion), MC-052 (Declaration), and MC-053 (Proposed Order). (Cal. Rules of Court, rule 3.1362, subds. (a), (c), (e).) The requisite forms must be served “on the client and on all parties that have appeared in the case.” (Cal. Rules of Court, Rule 3.1362(d).)

DISCUSSION
Gary E. Mastin (Counsel) seeks to be relieved as counsel for Defendant. Counsel contends Defendant has failed to pay fees and there has otherwise been a breakdown in communications with Defendant. (Mastin Decl., ¶ 2.)

Grounds for permitting an attorney to withdraw from representation include that the client’s conduct “renders it unreasonably difficult for the lawyer to carry out the representation effectively[.]” (Cal. Rules of Professional Conduct, rule 1.16, subd. (b)(4).) A breakdown in the attorney-client relationship is also grounds for allowing the attorney to withdraw. (Estate of Falco (1987) 188 Cal.App.3d 1004, 1014.)

Per California Rules of Court, rule 3.1362, subdivisions (a) and (e), Counsel has provided the application, declaration, and proposed order on Judicial Counsel forms MC-051, MC-052, and MC-053.

The Court notes that Counsel’s declaration only listed the Case Management Conference on August 30, 2023 at 8:30 a.m. for future hearing dates, even though the motion to be relieved as counsel was filed at 12:54 p.m. on August 30, 2023, i.e., after the Case Management Conference had already been held. At the Case Management Conference, the Court continued the Case Management Conference to February 26, 2024 at 8:30 a.m. in Department 6 of this Court, and also set it for a Status Conference Re: ADR Plan. (Minute Order (8/30/23).) This further Case Management Conference and Status Conference are not listed in Counsel’s declaration. The proposed order also contains no future hearing dates either.

Nevertheless, these issues can be resolved by Counsel submitting a revised proposed order that provides all future hearing dates.

CONCLUSION
The Motion to be Relieved as Counsel is GRANTED on the condition that Counsel submits a revised proposed order containing all future hearing dates.

Counsel is ordered to give notice of this ruling and file proof of service of same within five calendar days.