Judge: Lynne M. Hobbs, Case: 24STCV27347, Date: 2025-01-10 Tentative Ruling

Case Number: 24STCV27347    Hearing Date: January 10, 2025    Dept: 61

KEMANI LYNEL FOSTER vs HEAVEN OLIVER, 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 Shaun J. Bauman of the firm Bauman Law, APLC, counsel for Plaintiff Kemani Lynel Foster. Bauman submits a declaration stating that there has been a breakdown in communication between himself and Foster, who has failed to respond to requests to sign a substitution form. The motion includes a proposed order, indicating that a case management conference is scheduled for March 26, 2025. Bauman has filed a proof of service indicating service has been made upon Foster, and no other parties have yet appeared in the action.

Shaun J. Bauman of the firm Bauman Law APLC’s Motion to be Relieved as Counsel for Plaintiff Kemani Lynel Foster, , effective upon moving counsel filing with the court proof of service of a copy of the signed order on the client, as set forth in Cal. Rules of Court Rule 3.1362(e).

Moving Counsel to give notice.