Judge Lynette Gridiron Winston, Case Number: 22PSCV02073, Date: 2024-10-02 Tentative Ruling

Judge: Lynette Gridiron Winston, Case: 22PSCV02073, Date: 2024-10-02 Tentative Ruling

Alex Vandenberg of Downtown LA Law Group’s Motion to be Relieved as Counsel

The Court DENIES the motion of Alex Vandenberg of Downtown LA Law Group to be relieved as counsel for Plaintiff Quinlan Jones without prejudice.

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

This is a personal injury action. On November 28, 2022, plaintiff Quinlan Jones (Plaintiff) filed this action against defendants Walmart, Inc., John Doe (collectively, Defendants), and Does 1 to 100, alleging causes of action for assault, battery, intentional infliction of emotional distress, negligence, and negligent hiring, supervision, and retention.

On August 27, 2024, Alex Vandenberg of Downtown LA Law Group, counsel for Plaintiff, filed a motion to be relieved as counsel. The motion is unopposed.

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.)

A motion 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, subd. (d).)

Alex Vandenberg of Downtown LA Law Group (Counsel) seeks to be relieved as counsel for Plaintiff. Counsel contends there has been an irremediable breakdown in the attorney-client relationship. (Vandenberg Decl., ¶ 2.)

The Court finds this to be sufficient grounds for permitting withdrawal. 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.) Grounds for permitting an attorney to withdraw from representation include the client’s conduct that, “renders it unreasonably difficult for the lawyer to carry out the representation effectively[.]” (Cal. Rules of Professional Conduct, rule 1.16, subd. (b)(4).)

Counsel has provided the required Judicial Council forms, i.e., forms MC-051, MC-052, and MC-053. (Cal. Rules of Court, rule 3.1362, subds. (a), (c), and (e).) However, Counsel’s declaration does not indicate having served the moving papers on Plaintiff. (Vandenberg Decl., ¶ 3, subd. (a).) The Court also notes that there is no proof of service of the moving papers on Defendants. (See Cal. Rules of Court, rule 3.1362, subd. (d).) Moreover, while Counsel indicates having called Plaintiff’s last known telephone number or numbers, Counsel provides no explanation why Counsel should be permitted to withdraw even if Counsel has been unable to serve Plaintiff with the moving papers. (See Vandenberg Decl., ¶ 3, subds. (b)-(c); G. Motions Regulating Counsel, Cal. Prac. Guide Civ. Pro. Before Trial Ch. 9(I)-G, ¶ 9:391.)[1]

The Court DENIES the motion of Alex Vandenberg of Downtown LA Law Group to be relieved as counsel for Plaintiff Quinlan Jones without prejudice.

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

[1] As an aside, the Court notes that Vandenberg’s supplemental declaration submitted on a general pleading form references outdated versions of the Code of Professional Conduct. (Vandenberg Supp. Decl., ¶¶ 5-6; see California Rules of Professional Conduct, rule 1.16 [declining or terminating representation].)