Judge: Mark A. Young, Case: 21SMCV00789, Date: 2023-04-19 Tentative Ruling

Case Number: 21SMCV00789    Hearing Date: April 19, 2023    Dept: M

CASE NAME:           Militello, et al., v. VFarm 1509 Inc., et al.

CASE NO.:                21SMCV00789

MOTION:                  Motion to be Relieved as Counsel (Cannaco)

HEARING DATE:   4/19/2023

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

Counsel Rachel Fiest, Dawn Utsumi, and Ben Heller move to be relieved as counsel for Defendant Lankershim Marine Properties LLC. They present all mandatory forms. The motion is made pursuant to this court’s disqualification order. Counsel has served their clients with the required notices.

As the disqualification presents mandatory circumstances for relief, counsel’s motion is GRANTED.