Judge: Mark A. Young, Case: 18SMCV00120, Date: 2024-08-08 Tentative Ruling

Case Number: 18SMCV00120    Hearing Date: August 8, 2024    Dept: M

CASE NAME:           Detamore, et al., v. Jain, et al.

CASE NO.:                18SMCV00120

MOTION:                  Motion to be Relieved as Counsel

HEARING DATE:   8/8/2024

LEGAL STANDARD

The court may order that an attorney be changed or substituted at any time before or after judgment or final determination upon request by either client or attorney and after notice from one to the other. (CCP § 284(2).) The attorney seeking to withdraw must take “reasonable steps to avoid reasonably foreseeable prejudice to the rights of the client, including giving due notice to the client, allowing time for employment of other counsel.” (Cal. Rules of Prof. Conduct, 3-700(A)(2). See, e.g., Vann v. Shilleh (1975) [holding withdrawal prejudicial where attorney withdraw from the representation of defendant on the Friday before trial began the following Monday].) “The determination whether to grant or deny a motion to withdraw as counsel lies within the sound discretion of the trial court.” (Manfredi & Levine v. Superior Court (1998) 66 Cal.App.4th 1128, 1133.) 

An application to be relieved as counsel must be made on Judicial Counsel Form MC-051 (Notice of Motion and Motion), MC-052 (Declaration), and MC-053 (Proposed Order). (CRC 3.1362(a), (c), (e).) The requisite forms must be served “on the client and on all parties that have appeared in the case.” (CRC, 3.1362(d).) When a client is served by mail, the attorney’s declaration must indicate that the client’s address was confirmed within the last 30 days and how it was confirmed. (Id.) If the attorney is unable to confirm the client’s current address, the declaration must state the reasonable efforts made within the last 30 days to obtain the client’s current address. (Id.)

Additionally, the declaration “must state in general terms and without compromising the confidentiality of the attorney client relationship why” a motion is brought instead of filing a substitution of attorney. (CRC, 3.1362(c).)

ANALYSIS

Counsel Fisher, Klein & Wolfe LLP moves to be relieved as counsel for Plaintiff Advanced Pain Solutions Inc. Counsel submits all the mandatory forms. Counsel states that an irreparable breakdown in communication with the client has occurred. Counsel served his client by mail at its last known address. Counsel has been unable to confirm the address is current after making reasonable efforts, including mailing with return receipt requested, calling Plaintiff’s last known telephone number, conducting a Secretary of State search, and sending emails to addresses from which their client had previously replied. The declaration notes the October 22, 2024, status conference. Given that trial is not set, the Court does not find that the client will be prejudiced by the withdrawal.