Superior Court of California

County of Los Angeles

FREDDY BONILLA, an individual,

Plaintiff,

vs.

JUAN MANUEL LOPEZ, an individual, and DOES 1 through 100 inclusive,

Defendants.

Case No.: 23STCV30231

DEPARTMENT 45

[TENTATIVE] RULING

Action Filed: 12/12/2023

Trial Date: TBD

Hearing date: September 26, 2023

Moving Party: Alfred M. Freitas (Attorney);

Responding Party: Freddy Bonilla (Plaintiff)

Motion to Be Relieved as Counsel

The court has considered the moving papers.

The motion is GRANTED

Background

Counsel Alfred M. Freitas (Counsel) moves to be relieved as counsel for Plaintiff Freddy Bonilla (Plaintiff).

Legal Standard

Code of Civil Procedure section 284 states that an attorney in an action may be changed at any time before or after judgment: (1) upon the consent of both client and attorney; or (2) upon the order of the court, upon the application of either client or attorney, after notice from one to the other. (Code Civ. Proc. § 284; Rules of Ct., Rule 3.1362.) The court has power to permit withdrawal of an attorney within its sound discretion.¿(Jones v. Green¿(1946) 74 Cal.App.2d 223, 230.) An attorney may withdraw without cause as long as the withdrawal can be accomplished without undue prejudice to the client’s interest – i.e., counsel cannot withdraw at a critical point, but if the case is not at a critical point withdrawal is permitted because the client will not be prejudiced.¿(Ramirez v. Sturdevant¿(1994) 21 Cal.App.4th 904, 915.)

Counsel must make a motion to be¿relieved¿as attorney of record. The form, content and service of such motion are governed by the Rules of Court, Rule 3.1362. The motion must be made using mandatory forms: Notice of Motion and Motion to be¿Relieved¿as Counsel – Civil (MC-051), Declaration (MC-052), and Proposed Order (MC-053).

Discussion

Counsel has filed the proper documents regarding the client. Although the proposed order does not include the hearing for Status Conference re Default Judgment on 10/28/2024 the court may correct this error. The proposed order also incorrectly states that counsel personally served the client, however, counsel has filed proof of service of the documents upon the client via certified first-class mail. Again, the court can correct this. The declaration submitted in connection with the motion confirms that Counsel has served Plaintiff at a current address, confirmed as current in a meeting with Plaintiff within the past 30 days. This is sufficient.

Counsel also provides the grounds for the motion. He states he must be relieved because “[t]here has been an irremediable breakdown in the relationship between attorney and client wherein client is no longer cooperating in providing assistance in the defense of the action. The precise nature of the breakdown cannot fully be disclosed without potentially violating the attorney- client privilege or the duties owed by attorney to client.” (Freitas Decl., at p. 1.) The court finds counsel has presented sufficient good cause to grant the motion. Further, it does not appear that the client will be unduly prejudiced by the relief requested.

As such, the motion to be relieved as counsel is GRANTED.

Counsel Alfred M. Freitas is relieved as counsel for plaintiff Freddy Bonilla effective upon filing proof of service of this order.

It is so ordered.

Dated: September 26, 2024

_______________________

MEL RED RECANA

Judge of the Superior Court