Judge Mark A. Young, Case Number: 21SMCV00829, Date: 2024-02-27 Tentative Ruling

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).)

Counsel moves to be relieved as counsel of record for Defendants Louis Arriola and NYLA Productions. Counsel has provided all the mandatory forms. Counsel states that an irreparable breakdown of the attorney-client relationship has occurred. Counsel served their client by mail at the client’s last known address, which was confirmed within the past 30 days by confirming the address of their client in the records of the Secretary of State of the State of Delaware. Counsel has otherwise been unable to confirm a more-recent address, despite calling the client’s last known telephone numbers and contacting family members via voicemail and email.

The client will not be prejudiced by the withdrawal. The declaration notes the hearing on calendar, which is a status conference set for February 29, 2024. Currently, the case is stayed pending arbitration. Counsel notes that no hearing date is set for the arbitration. Thus, there will likely be no significant changes at the status conference.

Here, the Court finds that all the requirements for relief are met. However, there are only two days between this hearing and the status conference. While unlikely, Defendants may be prejudiced without representation at the hearing or actual notice of the hearing. Thus, Court continues the hearing until February 29, 2024. The Court will grant the motion at the hearing and have counsel provide notice of any future hearing dates.