Judge: Mark A. Young, Case: 25SMCV00922, Date: 2025-06-13 Tentative Ruling
Case Number: 25SMCV00922 Hearing Date: June 13, 2025 Dept: M
CASE
NO.: 25SMCV00922
MOTION: Motion to be Relieved as
Counsel
HEARING
DATE: 6/13/2025
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 Eduardo J. Ascencio of Acts
Law LLP moves to be relieved as counsel of record for Plaintiff Jing Jing Chen.
Counsel submits all the mandatory forms. Counsel 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 email. The declaration notes the hearings that are on calendar,
including the August 25, 2025, CMC. Given that trial is not set, the client
will not be prejudiced by the withdrawal.
Accordingly, the motion is GRANTED.
The order is effective upon the filing of the proof of service of the
order on the client. Until then, counsel remains counsel of record.