Judge: Mark A. Young, Case: 19SMCV01021, Date: 2023-08-22 Tentative Ruling

Case Number: 19SMCV01021    Hearing Date: September 12, 2023    Dept: M

CASE NAMES:         Laserson, et al., v. Covino, et al.

Summit View Luxe LLC, v. Laserson, et al.

CASE NOS.:              19SMCV01021

22STCV20286

MOTION:                  Motions to be Relieved as Counsel

HEARING DATE:   9/12/2023

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

This hearing pertains to two matters pending before this court: Laserson, et al., v. Covino, et al. (19SMCV01021) and Summit View Luxe LLC, v. Laserson, et al. (22STCV20286). Counsel FitzGerald Kreditor Bolduc Risbrough LLP moves to be relieved as counsel of record for Ronald L. Corvino, Individually and as Trustee of the Ron Corvino Separate Property Family Trust dated March 25, 2015. Counsel currently represents Corvino as a Defendant in 19SMCV01021 matter, and as a Plaintiff in the 22STCV20286 matter.

Counsel provides all the mandatory forms. Counsel states that a conflict arose which precludes further representation of Corvino. Counsel served his client by mail at his last known address, which was confirmed within the past 30 days by email.

The declarations do not note the Arbitration status hearing on calendar for December 14, 2023, on both cases. The MC-053 form must be updated to include this hearing before this motion is granted.

As no trial is set, the Court finds that Corvino will likely not be prejudiced by the withdrawal.

Accordingly, the motion is tentatively GRANTED. The order is effective upon the filing of the proof of service of the order on the client. Until then, counsel remains counsel of record.