Judge: Mark A. Young, Case: 23SMCV00376, Date: 2024-04-04 Tentative Ruling

Case Number: 23SMCV00376    Hearing Date: April 4, 2024    Dept: M

CASE NAME:           Leet, et al., v. 1330 Gardner Property LLC, et al.

CASE NO.:                23SMCV00376

MOTION:                  Motion to be Relieved

HEARING DATE:   4/4/2024

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

Payton Employment Law, PC, Marissa Leila Simmons, Esq., Johnny D. Griggs, Esq. and Rayne Brown, Esq. move to be relieved as counsel of record for Plaintiffs Scott A. Leet and Kendall Harke. Counsel provides all the mandatory forms. Counsel states that an irreparable breakdown of the attorney-client relationship has occurred. The declaration notes the hearings that are on calendar. Further, the client will not be prejudiced by the withdrawal as there are no dispositive motions pending, and trial is not set until January 2025.

Counsel has been unable to serve their clients by mail at the client’s last known address, as they have not been able to confirm their last known address. Counsel explains that Plaintiffs have lived in an RV since June 2023, and confirmed that they were still living in an RV in the state of Washington in February 2024. Counsel and Plaintiffs have always communicated via email. Counsel served Plaintiffs via email, and at their last known physical address, 546 Mills Lane, Pipe Creek, Texas, 78063-5191. The Court agrees that under such circumstances, Counsel provided reasonable service of this motion at their clients’ last known address and via email.

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