Judge: Mark A. Young, Case: 23SMCV04004, Date: 2024-04-30 Tentative Ruling
Case Number: 23SMCV04004 Hearing Date: April 30, 2024 Dept: M
CASE NO.: 23SMCV04004
MOTION: Motion
to be Relieved
HEARING DATE: 4/30/2024
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
Kourosh Pishnamaz of LAW & PISH move to be relieved as counsel of record
for Plaintiff Jayla Smith. Counsel
provides 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
telephone.
The
declaration does not note the hearings that are on calendar, such as the May
23, 2024, OSC Re: Failure to Prosecute & Failure to Appear, and the discovery
motions set for May 29, 2024 and May 30, 2024. In light of these upcoming and potentially
dispositive hearings, immediate withdrawal would be prejudicial to the client.
Accordingly, the court will rule on the motion to be relieved after the
OSC hearings. The Court continues the instant hearing to May 23, 2024, at 8:30 a.m.
Counsel is ordered to provide notice.