Judge: Lynette Gridiron Winston, Case: 24PSCV02509, Date: 2024-10-28 Tentative Ruling

Case Number: 24PSCV02509    Hearing Date: October 28, 2024    Dept: 6

CASE NAME:  Keanna Cecilia Camberos v. Demitric Gomez Lomeli, et al. 

Motion of Jeffrey L. Fayngor to be Relieved as Counsel for Plaintiff Keanna Cecilia Camberos 

TENTATIVE RULING 

The Court DENIES the motion of Jeffrey L. Fayngor to be relieved as counsel for Plaintiff Keanna Cecilia Camberos without prejudice. 

            Counsel Jeffrey L. Fayngor 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 August 5, 2024, plaintiff Keanna Cecilia Camberos (Plaintiff) filed this action against defendants Demitric Gomez Lomeli, Irma Lomeli Frias (collectively, Defendants) and Does 1 through 20, alleging one cause of action for motor vehicle accident negligence. 

On September 30, 2024, counsel Jeffrey L. Fayngor of The JLF Firm 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 

            Jeffrey L. Fayngor of The JLF Firm (Counsel) seeks to be relieved as counsel for Plaintiff on the grounds that there has been a breakdown in the attorney-client relationship. (Fayngor Decl., ¶ 2.) 

            The Court finds sufficient grounds for permitting withdrawal here. 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 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’s proof of service filed with the Court on October 11, 2024, indicates that Counsel served Plaintiff with the moving papers for this motion by mail on October 10, 2024. (Proof of Service (10/11/24).) The deadline to complete service was September 30, 2024. (Code Civ. Proc., § 1005, subd. (b); Id., § 1013, subd. (a).) Counsel’s motion is therefore untimely. 

            The Court also notes that paragraph 6 of the proposed order, which requires the client’s current or last known address and telephone number, is blank. (Proposed Order, ¶ 6.) The Court further notes that Counsel cited an outdated section of the Rules of Professional Conduct regarding termination of the attorney-client relationship. (Fayngor Decl., ¶ 2.) The current rule governing termination of attorney-client relationships is Rule 1.16. (Cal. Rules of Professional Conduct, rule 1.16.) 

            Based on the foregoing, the Court DENIES the motion without prejudice. 

CONCLUSION 

The Court DENIES the motion of Jeffrey L. Fayngor to be relieved as counsel for Plaintiff Keanna Cecilia Camberos without prejudice. 

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