Judge: Michael E. Whitaker, Case: 24SMCV04912, Date: 2025-05-13 Tentative Ruling
Case Number: 24SMCV04912 Hearing Date: May 13, 2025 Dept: 207
TENTATIVE
RULING
|
DEPARTMENT |
207 |
|
HEARING DATE |
May
13, 2025 |
|
CASE NUMBER |
24SMCV04912 |
|
MOTIONS |
Motions
to be Relieved as Counsel |
|
MOVING PARTY |
Jeremy
J. Alberts of BWA Law Group APC |
|
OPPOSING PARTY |
(none) |
MOTIONS
Jeremy J. Alberts of BWA Law Group
APC, counsel for Defendants Timothy Robinson and London
Guest Suites, Inc. (“Counsel”) moves to be relieved as counsel, citing a breakdown
of the working relationship with the clients.
The motions are unopposed.
LEGAL
STANDARD
Code of Civil Procedure section 284 provides “[t]he attorney in an
action or special proceeding may be changed at any time before or after
judgment or final determination as follows: 1. Upon the consent of both client
and attorney, filed with the clerk, or entered in the minutes; 2. Upon the
order of the court, upon the application of either client or attorney, after
notice from one to the other.”
Procedural Requirements
California Rules of Court, rule 3.1362, requires:
(1) the motion must be made on
form MC-051; (subd. (a));
(2) it must be accompanied by
a declaration on form MC-052 stating why the motion is brought under Code of
Civil Procedure section 284(2) instead of a consent brought under section
284(1); (subd. (c));
(3) a proposed order on form
MC-053 must be lodged with the court, specifying all hearing dates scheduled in
the action or proceeding, including the date of trial, if known; (subd. (e));
and
(4) The documents must be
served on the client and on all parties that have appeared in the case. (subd.
(d).)
If
the notice is served by mail or electronic service, it must be accompanied by a
declaration indicating that the address served is the current address, or in
the case of service by mail, that it was served on the last known address and a
more current address could not be located after reasonable efforts within 30
days before filing the motion. (Ibid.) The court may delay the effective date of the
order relieving counsel until proof of service of a copy of the signed order on
the client has been filed with the court.”
(Ibid.)
Substantive Requirements
Rules of Professional Conduct, rule 1.16(a) outlines the reasons a
lawyer must withdraw from representation of a client:
(1) the
client is bringing an action, conducting a defense, asserting a position in
litigation, or taking an appeal, without probable cause and for the purpose of
harassing or maliciously injuring any person;
(2) the
representation will result in violation of the Rules of Professional Conduct or
the State Bar Act;
(3) the
lawyer’s mental or physical condition renders it unreasonably difficult to
carry out the representation effectively; or
(4) the
client discharges the lawyer.
Rules of Professional Conduct, rule 1.16(b) outlines the reasons a
lawyer may withdraw from representation of a client:
(1) the
client insists upon presenting a claim or defense in litigation, or asserting a
position or making a demand in a non-litigation matter, that is not warranted
under existing law and cannot be supported by good faith argument for an
extension, modification, or reversal of existing law;
(2) the
client either seeks to pursue a criminal or fraudulent course of conduct or has
used the lawyer’s services to advance a course of conduct that the lawyer
reasonably believes was a crime or fraud;
(3) the
client insists that the lawyer pursue a course of conduct that is criminal or
fraudulent;
(4) the
client by other conduct renders it unreasonably difficult for the lawyer to
carry out the representation effectively;
(5) the
client breaches a material term of an agreement with, or obligation, to the
lawyer relating to the representation, and the lawyer has given the client a
reasonable warning after the breach that the lawyer will withdraw unless the
client fulfills the agreement or performs the obligation;
(6) the
client knowingly and freely assents to termination of the representation;
(7) the
inability to work with co-counsel indicates that the best interests of the
client likely will be served by withdrawal;
(8) the
lawyer’s mental or physical condition renders it difficult for the lawyer to
carry out the representation effectively;
(9) a
continuation of the representation is likely to result in a violation of these
rules or the State Bar Act; or
(10)
the lawyer believes in good faith in a proceeding
pending before a tribunal that the tribunal will find the existence of other
good cause for withdrawal.
DISCUSSION
Counsel has filed forms MC-051,
MC-052, and MC-053 for each client. The
attorney declarations (MC-052) indicate that the motion was filed instead of filing
a consent because, “There has been a breakdown of the working relationship with
the client.” (MC-052 at ¶ 2.) As such, the Court finds that the motions
comply with the Rules of Professional Conduct, rule 1.16(b)(4).)
The proofs of service indicates each
of these forms were served electronically and by mail on the clients and on
counsel for Plaintiff. The attorney
declarations further indicate the clients’ addresses have been confirmed
current within the past 30 days by “California Secretary of State business
search” and “Whitepages.com search.” (MC-052,
¶ 3.)
Apart from the statements of Counsel, Counsel did not attach the specific
results of the Secretary of State and Whitepages.com searches, or provide a
summary of what specific information was gleaned from those searches. As such, the Court finds Counsel’s searches to
be inadequate to determine whether the clients’ addresses are current. Therefore, the Court concludes that the
motions are procedurally defective.
CONCLUSION
AND ORDER
Therefore, having found the Motions are procedurally deficient, the
Court denies Counsel’s motions to be relieved as counsel without prejudice.
Counsel shall provide notice of the Court’s rulings and file the notice
with a proof of service forthwith.
DATED: May 13, 2025 ___________________________
Michael
E. Whitaker
Judge
of the Superior Court