Judge: Lynne M. Hobbs, Case: 21STCV47314, Date: 2024-05-24 Tentative Ruling


Case Number: 21STCV47314    Hearing Date: May 24, 2024    Dept: 61

SARA CISNEROS vs BELLA + CANVAS, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY, et al.

TENTATIVE

Abe G. Salen and Wesierski & Zurek, LLP’s Motion to be Relieved as Counsel for Defendant BaronHR West, Inc. is GRANTED.  Counsel has complied with California Rules of Court 3.1362. The order is effective upon the filing of the proof of service of the order on the Defendant. Until then, counsel remains counsel of record.

Moving party is ordered to give notice within five days from this ruling.


DISCUSSION

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 motions pertain to attorney Abe.

G. Salen of the firm Wesierski & Zurek, LLP, counsel for Defendant BaronHR West, Inc. The motion complies with the above requirements, and contains a declaration of Salen stating that irreconcilable differences have made the continued representation of BaronHR West, Inc. unreasonable and extremely difficult.

Accordingly, the motion to be relieved as counsel is granted.