Judge: Lynette Gridiron Winston, Case: 23PSCV00282, Date: 2024-04-17 Tentative Ruling
Case Number: 23PSCV00282 Hearing Date: April 29, 2024 Dept: 6
CASE
NAME: Holly
Robin Garcia v. Unlimited Rubber Supplies, LLC, et al.
Motion to be Relieved as Defendant Michael Antonio Diaz’s Counsel
TENTATIVE
RULING
The Court GRANTS the motion to be relieved as counsel.
Counsel is ordered to give notice of the Court’s ruling within five calendar days of this order.
BACKGROUND
This is a motor vehicle accident case. On January 30, 2023, plaintiff Holly Robin Garcia (Plaintiff) filed this action against defendants Unlimited Rubber Supplies, LLC, Michael Antonio Diaz (Diaz), Malcolm Defrantz, and Does 1 to 50, alleging causes of action for general negligence and motor vehicle.
On April 2, 2024, Douglas D. Cullins of Cullins & Grandy LLP, counsel for Diaz, moved to be relieved as counsel.[1] 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.)
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).)
DISCUSSION
Douglas D. Cullins of Cullins & Grandy LLP (Counsel), counsel for Diaz, seeks to be relieved as counsel on the grounds that a conflict has arisen rendering it impracticable to continue the attorney-client relationship and there has been a breakdown in the attorney-client relationship. (Grandy Decl., ¶ 2.) The Court finds this sufficient grounds for withdrawal.
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).) 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.)
Counsel also filed and served the appropriate Judicial Council forms, namely forms MC-051, MC-052, and MC-053. (Cal. Rules of Court, rule 3.1362, subds. (a), (c), (e).)
Therefore, the Court GRANTS the motion to be relieved as counsel.
CONCLUSION
The Court GRANTS the motion to be relieved as counsel.
Counsel is ordered to give notice of
the Court’s ruling within five calendar days of this order.
[1] On April 17, 2024, a hearing was held on an ex parte application to continue the hearings on Plaintiff’s discovery motions. (Minute Order (4/17/24).) The Court noted to Counsel the need for a revised proposed order before the April 29, 2024 hearing on this motion, which Counsel filed and served, along with an amended declaration, on April 19, 2024. (See Amended Declaration (4/19/24); Amended Proposed Order (4/19/24).)