Judge: Lynette Gridiron Winston, Case: 23PSCV02924, Date: 2024-06-04 Tentative Ruling

Case Number: 23PSCV02924    Hearing Date: June 4, 2024    Dept: 6

CASE NAME:  Financial Partners Credit Union v. Robert Lonnie Angles III aka Robert Lonnie Angles aka Robert L Angles 

Joseph G. Sweeney’s Motion to be Relieved as Counsel 

TENTATIVE RULING 

The Court GRANTS Joseph G. Sweeney’s motion to be relieved as counsel. Counsel is directed to submit a revised proposed order addressing the issues discussed herein for the Court’s signature. 

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

BACKGROUND 

This is a breach of contract action. On September 21, 2023, plaintiff Financial Partners Credit Union (Plaintiff) filed this action against defendant Robert Lonnie Angles III aka Robert Lonnie Angles aka Robert L Angles (Defendant) and Does 1 to 50, alleging causes of action for breach of written loan agreement, money had and received, money lent, account stated, breach of written contract, money had and received, money lent, and account stated. 

On April 18, 2024, Joseph G. Sweeney, counsel for Defendant, moved 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 

Joseph G. Sweeney (Counsel) moves to be relieved as counsel for Defendant. Counsel indicates that the attorney-client relationship essentially terminated in February 2024, that there has been a breakdown in communication, and that Counsel attempted to obtain Defendant’s consent to a substitution of attorney to no avail. (Sweeney Decl., ¶ 2.) The Court finds these 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).) Counsel has also provided proof of service of these documents on Counsel. (Proof of Service (4/18/24).) The Court also accepts Counsel’s efforts in attempting to confirm Defendant’s current address as sufficient. (Sweeney Decl., ¶ 3, subds. (b)-(c).) 

The Court notes that the proposed order needs a couple of revisions, namely, completion of paragraph 5, subdivision (a), indicating that the order is effective upon the filing of the proof of service upon Defendant, and a correction to the description of the hearing on July 15, 2024, as it is both a Case Management Conference and a Status Conference re ADR. The Court further notes that, given Counsel’s inability to confirm Defendant’s current address, Counsel must complete service of the signed order upon Defendant per Code of Civil Procedure section 1011, subdivision (b), and Rule 3.252 of the California Rules of Court. 

Based on the foregoing, the Court GRANTS the motion to be relieved as counsel, and directs Counsel to submit the revised proposed order, with the above-mentioned revisions, for the Court’s signature. 

CONCLUSION 

The Court GRANTS Joseph G. Sweeney’s motion to be relieved as counsel. Counsel is directed to submit a revised proposed order addressing the issues discussed herein for the Court’s signature. 

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