Judge: Lynette Gridiron Winston, Case: 23PSCV02505, Date: 2024-01-04 Tentative Ruling

Case Number: 23PSCV02505    Hearing Date: January 4, 2024    Dept: 6

CASE NAME:  Joanna Juarez v. Sequoia Janai Williams

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 as directed herein. 

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

BACKGROUND

This is a motor vehicle accident case. On August 16, 2023, plaintiff Joanna Juarez (Plaintiff) filed this action against defendant Sequoia Janai Williams (Defendant) and Does 1 through 15, alleging causes of action for motor vehicle and general negligence. 

On December 6, 2023, Vivan F. Yochelson of Yochelson & Associates 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.)

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

Vivan F. Yochelson of Yochelson & Associates (Counsel) seeks to be relieved as counsel for Plaintiff. Counsel contends there has been a breakdown in the attorney-client relationship. (Yochelson Decl., ¶ 2.) 

The Court finds this to be sufficient grounds for permitting withdrawal. A breakdown in the attorney-client relationship is grounds for allowing the attorney to withdraw. (Estate of Falco (1987) 188 Cal.App.3d 1004, 1014.) Other 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 appropriate Judicial Council forms, namely forms MC-051, MC-052, and MC-053. (Cal. Rules of Court, rule 3.1362, subds. (a), (c), (e).) Counsel has also provided proof of personal service of these documents. (Proof of Service (12/11/23).) The Court notes that Counsel’s declaration did not include the Case Management Conference as a future hearing, but the Court will need to continue the Case Management Conference to permit Plaintiff time to retain new counsel. The Court will require Counsel to submit a revised proposed order with the future Case Management Conference hearing date and information, as well as a telephone number for the client in paragraph 6, and the persons appearing at the hearing in paragraph 2. 

Therefore, the Court GRANTS the motion to be relieved as counsel on the condition that Counsel submits a revised proposed order as directed herein. 

CONCLUSION

The Motion to be Relieved as Counsel is GRANTED on the condition that Counsel submits a revised proposed order as directed herein.

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