Judge: Lynette Gridiron Winston, Case: 23PSCV00330, Date: 2025-04-02 Tentative Ruling

Case Number: 23PSCV00330    Hearing Date: April 2, 2025    Dept: 6

CASE NAME:  Sage Reed v. Economy Rentals, Inc., et al. 

Motion of Robert L. Reisinger of Ford, Walker, Haggerty & Behar LLP to be Relieved as Counsel for Defendant Francisco Gilberto Gutierrez 

TENTATIVE RULING 

The Court DENIES the motion of Robert L. Reisinger of Ford, Walker, Haggerty & Behar LLP to be relieved as counsel for Defendant Francisco Gilberto Gutierrez without prejudice. 

            Counsel is ordered to give notice of the Court’s ruling within five calendar days of this order. 

BACKGROUND 

This is an auto accident case. On February 3, 2023, plaintiff Sage Reed (Plaintiff) filed this action against defendants Economy Rentals, Inc. (Economy Rentals), Francisco Gilberto Gutierrez (Gutierrez) (collectively, Defendants), and Does 1 through 10, alleging causes of action for general negligence and motor vehicle. 

On April 24, 2023, Economy Rentals filed a cross-complaint. On July 31, 2023, Economy Rentals filed the operative First Amended Cross-Complaint against cross-defendants Roes 1 to 50, alleging causes of action for equitable indemnity, contribution, apportionment of fault, declaratory relief, and express indemnity. 

On March 5, 2025, Robert L. Reisinger of Ford, Walker, Haggerty & Behar LLP moved to be relieved as counsel for Defendant Gutierrez. 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 

            Robert L. Reisinger of Ford, Walker, Haggerty & Behar LLP (Counsel) seeks to be relieved as counsel for Defendant Gutierrez on the grounds that there has been a breakdown in communication. (Reisinger Decl., ¶ 2.) The Court finds this proper 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[.]” (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 has also submitted the application, declaration, and proposed order on Judicial Council forms MC-051, MC-052, and MC-053. (Cal. Rules of Court, rule 3.1362, subds. (a), (c), (e).) 

            However, Counsel did not sign the motion or declaration. (See Motion, p. 2; Reisinger Decl., p. 2.) These documents need to be signed to be effective. (See Code Civ. Proc., § 128.7, subd. (a); id., § 2015.5.) 

            Accordingly, the Court DENIES the motion without prejudice. 

CONCLUSION 

The Court DENIES the motion of Robert L. Reisinger of Ford, Walker, Haggerty & Behar LLP to be relieved as counsel for Defendant Francisco Gilberto Gutierrez without prejudice. 

            Counsel is ordered to give notice of the Court’s ruling within five calendar days of this order.