Judge: Lynne M. Hobbs, Case: 21STCV33121, Date: 2025-01-10 Tentative Ruling

Case Number: 21STCV33121    Hearing Date: January 10, 2025    Dept: 61

EDITH LASHON EDWARDS, et al. vs MICHAEL ANTHONY BRASS, JR., et al.

Tentative Ruling:

Cal. Code of Civ. Proc. (“CCP”) section 284 states that “[t]he attorney in an action or special proceeding may be changed at any time before or after judgment or final determination” upon either consent of both client and attorney, or upon the order of the court under application of either the client of the attorney, after notice from one to the other. Cal. Rule of Court 3.1362 states the requirements for a motion to be relieved as counsel under CCP section 284. No memorandum is required, but the motion must be accompanied by (1) a declaration stating why a motion has been brought instead of filing a consent (without compromising attorney-client confidentiality), (2) proof of service of the motion, and (3) all hearing dates scheduled in the action or proceeding, including the date of trial, if know. Additionally, “[t]he proposed order relieving counsel must be prepared on the Order Granting Attorney's Motion to Be Relieved as Counsel--Civil (form MC-053) and must be lodged with the court with the moving papers.”

The present motion pertains to attorney James F. Drake IV of the firm Drake Law Group, counsel for Plaintiff Traon Call. Drake submits a declaration stating that irreconcilable differences have arisen between himself and Call. However, the motion does not include a proof of service upon the client or other parties to the action, and the proposed order form is not completed with upcoming hearing dates, as required by CRC Rule 3.1362, subd. (d), €. Trial is set to begin on February 11, 2025, one month from the hearing date on this motion. Due to lack of notice and undue prejudice to Plaintiff Call, the Court is unable to grant the motion.

James F. Drake IV of Drake Legal Group’s Motion to be Relieved as Counsel for Plaintiff Traon Call is DENIED.

Clerk to give notice.