Judge: Lynette Gridiron Winston, Case: 24PSCV01679, Date: 2025-01-14 Tentative Ruling

Case Number: 24PSCV01679    Hearing Date: January 14, 2025    Dept: 6

CASE NAME:  Jason Brown v. Stacy Lee, et al. 

R. Bret Beattie’s Motion to be Relieved as Counsel for Plaintiff Jason Brown 

TENTATIVE RULING 

The Court GRANTS the motion of R. Bret Beattie of Eisenberg Law Group PC to be relieved as counsel for Plaintiff Jason Brown, on the condition that Counsel submits a revised proposed order with the current hearing dates and corresponding information and serves defendant Tri-City Mental Health Authority with a copy of the same. Upon the Court signing the revised proposed order, Counsel must serve copies of the signed order on Plaintiff and Tri-City Mental Health Authority. 

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

BACKGROUND 

This is a personal injury action. On May 23, 2024, plaintiff Jason Brown (Plaintiff) filed this action against defendants Stacy Lee, Tri-City Mental Health Authority (collectively, Defendants) and Does 1 to 50, alleging causes of action for negligence/dangerous condition of public property, negligence, and premises liability. 

On November 20, 2024, R. Bret Beattie of Eisenberg Law Group PC moved to be relieved as counsel for Plaintiff. 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 

            R. Bret Beattie of Eisenberg Law Group PC (Counsel) seeks to be relieved as counsel for Plaintiff on the grounds that there has been an irreconcilable breakdown in the attorney-client relationship. (Eisenberg Decl., ¶ 2.)[1] The Court finds this proper. 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.) 

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).) Accordingly, the Court finds Counsel has met the requirements for permissive withdrawal. 

            However, the Court notes some of the hearing dates in this matter have changed since Counsel moved to be relieved as counsel, and that defendant Tri-City Mental Health Authority has since appeared in this action by filing an answer to the complaint on December 16, 2024. The Court therefore directs Counsel to submit a revised proposed order with the current hearing dates and corresponding information and to serve defendant Tri-City Mental Health Authority with a copy of the same. Upon the Court signing the revised proposed order, Counsel must serve copies of the signed order on Plaintiff and Tri-City Mental Health Authority. 

CONCLUSION 

The Court GRANTS the motion of R. Bret Beattie of Eisenberg Law Group PC to be relieved as counsel for Plaintiff Jason Brown, on the condition that Counsel submits a revised proposed order with the current hearing dates and corresponding information and serves defendant Tri-City Mental Health Authority with a copy of the same. Upon the Court signing the revised proposed order, Counsel must serve copies of the signed order on Plaintiff and Tri-City Mental Health Authority. 

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