Judge: Mark A. Young, Case: 23SMCV00471, Date: 2024-05-21 Tentative Ruling
Case Number: 23SMCV00471 Hearing Date: May 21, 2024 Dept: M
CASE
NO.: 23SMCV00471
MOTION: Motion to be Relieved as
Counsel
HEARING
DATE: 5/21/2024
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
Counsel Harry Nalbandyan Esq. of
Levin & Malbandyan LLP moves to be relieved as counsel of record for
Plaintiff Jorie Esposito. Counsel submits all the mandatory forms. Counsel generally
states that an irreparable breakdown of the attorney-client relationship has
occurred. Counsel served his client by mail at his last known address, which
was confirmed within the past 30 days by telephone. The declaration notes some
of the hearings that are on calendar, including the July 1, 2024, final status conference
and July 8, 2024, trial date. The form does not note the hearing on the motion
to compel set for June 14, 2024. Moreover, at an ex parte on May 20, 2024, the
Court continued the FSC until August 12, 2024, and trial until August 19, 2024.
Based upon the ex parte application,
the Court understands that Plaintiff is refusing to appear at her IME, despite
counsel’s instructions. As such, the
Court concurs that there is an irreconcilable breakdown in the attorney-client
relationship. Counsel, however, must
update the MC-053 order to address these new dates and the June 14, 2024,
motion date.
Once that is done, the Court will
grant the motion and relieve counsel. The
order will become effective upon the filing of the proof of service of the
order on the client. Until then, counsel remains counsel of record.