Judge: Lynette Gridiron Winston, Case: 23PSCV02468, Date: 2023-10-23 Tentative Ruling
Case Number: 23PSCV02468 Hearing Date: October 23, 2023 Dept: 6
CASE NAME: Leo Tovar v. Giovanni Sanchez Alvarez, et al.
Motion to be Relieved as Counsel by Plaintiff’s Counsel
TENTATIVE RULING
The Motion to be Relieved as Counsel is GRANTED.
Counsel is ordered to give notice of this ruling and file proof of service of same within five calendar days of this order. The Court will sign the Proposed Order (Form MC-053). The Court further orders Counsel to serve the signed Proposed Order (Form MC-053) upon Plaintiff and file proof of service of same within five calendar days thereof.
BACKGROUND
This is a personal injury action. On August 11, 2023, Plaintiff Leo Tovar (Plaintiff) filed this action against Defendants Giovanni Sanchez Alvarez, Alejandro Sanchez (collectively, Defendants), and Does 1 to 50, alleging causes of action for motor vehicle, general negligence, negligence per se, and negligent entrustment.
On October 5, 2023, Oscar A. Ischiu for Law Firm of Oscar A. Ischiu, counsel for Plaintiff, filed the instant 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, subd. (d).)
DISCUSSION
Oscar A. Ischiu for Law Firm of Oscar A. Ischiu (Counsel), seeks to be relieved as counsel for Plaintiff. Counsel contends there has been a breakdown in communications between Counsel and Plaintiff. (Ischiu Decl., ¶ 2.) The Court finds this to be 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[.]” (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 has provided the appropriate Judicial Council forms, namely forms MC-051, MC-052, and MC-053, and has properly completed them. (Cal. Rules of Court, rule 3.1362, subds. (a), (c), (e).) Plaintiff has also provided proof of service of these documents on Plaintiff at Plaintiff’s current address. (Proof of Service (10/5/23).)
Therefore, the Court GRANTS the motion.
CONCLUSION
The Motion to be Relieved as Counsel is GRANTED.
Counsel is ordered to give notice of this ruling and file proof of service of same within five calendar days of this order. The Court will sign the Proposed Order (Form MC-053). The Court further orders Counsel to serve the signed Proposed Order (Form MC-053) upon Plaintiff and file proof of service of same within five calendar days thereof.
