Judge: Michael J. Strickroth, Case: 2022-01249871, Date: 2022-11-07 Tentative Ruling
Motion to Be Relieved as Counsel of Record
The motion of attorney Stephen M. Garcia and Garcia & Artigliere to withdraw as attorney of record for Plaintiff David Shuman is GRANTED. Code of Civil Procedure § 284, California Rules of Court, rule 3.1362.
Moving attorney Stephen M. Garcia and Garcia & Artigliere seeks an order permitting withdrawal as attorney of record for Plaintiff David Shuman.
Summary of Moving Attorney’s Evidence:
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1A. |
Mandatory Notice Form? |
Yes, ROA 15 |
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1B. |
Mandatory Declaration Form? |
Yes, ROA 13 |
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1C. |
Proposed Order? |
Yes, ROA 16 |
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2. |
Reasons for Motion? |
Irreconcilable differences and client’s refusal to consent to withdrawal. |
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3A. |
Service on Client? |
Yes, by mail |
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3B1. |
Recent Confirmation of Client’s Address? |
Yes, by conversation |
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3B2. |
If no recent confirmation, what efforts made? |
N/A |
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4. |
The next hearing scheduled? |
CMC – 2/27/23
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5. |
Additional proceedings currently scheduled? |
None
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6. |
Trial Date? |
Not set. |
No opposition has been filed.
The stated reasons for this motion are:
“Client did not voluntarily consent to Attorney's request to be relieved as counsel under CCP 284(2)” and “[i]rreconcilable differences have arisen in regards to the representation in this matter such that the Rules of Professional Conduct prohibit the continuation of the attorney-client relationship.” (Declaration, ¶¶ 2, 7.)
The motion complies with the Rules of Court and the motion has been served on the client. Therefore, the motion is granted.
Attorney Stephen M. Garcia will be relieved as counsel of record for Plaintiff David Shuman effective upon the filing of a Proof of Service of the signed Order upon the client.
Moving party attorney to submit a revised Order Granting Attorney’s Motion to Be Relieved as Counsel and give notice.