Judge: Mark A. Young, Case: 22SMCV01402, Date: 2023-02-21 Tentative Ruling
Case Number: 22SMCV01402 Hearing Date: February 21, 2023 Dept: M
CASE NO.: 22SMCV01402
MOTION: Motion to be Relieved
HEARING DATE: 2/21/2023
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 Lawrence J. Imel of Imel Law Corp. moves to be relieved as counsel of record for Defendant Amora R. Magna. Counsel provides all the mandatory forms. Counsel states that an irreparable breakdown of the attorney-client relationship has occurred. Specifically, the Client has materially breached the engagement agreement with counsel; has refused to cooperate with counsel; and has refused to follow counsel’s advice which has prevented counsel from carrying out the representation in an effective manner.
Counsel served his client by mail at his last known address, which was confirmed within the past 30 days by e-mail. The Court does not find that the client would be prejudiced by the withdrawal, as there are no dispositive motions pending and trial is not set. Therefore, the motion is granted. Counsel to give notice.