Judge: Lynette Gridiron Winston, Case: 24PSCV02848, Date: 2025-02-24 Tentative Ruling

Case Number: 24PSCV02848    Hearing Date: February 24, 2025    Dept: 6

CASE NAME:  Terry Huver v. Gerardo Palmerin, et al. 

Christian J. Amendt’s Motion to be Relieved as Counsel for Plaintiff Terry Huver 

TENTATIVE RULING 

The Court GRANTS Christian J. Amendt’s motion to be relieved as counsel for Plaintiff Terry Huver. The Court will sign the proposed order. Christian J. Amendt must serve a copy of the signed order upon the parties and file proof of service of same within five days of the Court’s order. 

             Christian J. Amendt 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 30, 2024, plaintiff Terry Huver (Plaintiff) filed this action against defendants Gerardo Palmerin, Maria Socorro Ventura, Jorge Gutierrez, and Does 1 to 25, alleging causes of action for general negligence, premises liability, and strict liability – animal with vicious propensities. 

On January 21, 2025, Christian J. Amendt 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 

            Christian J. Amendt (Counsel) moves to be relieved as counsel for Plaintiff on the grounds that the attorney-client relationship has broken down. (Amendt Decl., ¶ 2.) The Court finds this a proper basis for withdrawal. Grounds for permitting an attorney to withdraw from representation include a breakdown in the attorney-client relationship. (Estate of Falco (1987) 188 Cal.App.3d 1004, 1014.) Other grounds 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 also submitted a properly completed 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).) 

            The Court finds that everything is in order. Based on the foregoing, the Court GRANTS the motion. 

CONCLUSION 

The Court GRANTS Christian J. Amendt’s motion to be relieved as counsel for Plaintiff Terry Huver. The Court will sign the proposed order. Christian J. Amendt must serve a copy of the signed order upon the parties and file proof of service of same within five days of the Court’s order. 

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