Judge: Michael P. Linfield, Case: 19STCV27823, Date: 2022-10-20 Tentative Ruling

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Case Number: 19STCV27823    Hearing Date: October 20, 2022    Dept: 34

SUBJECT:         Motion to be Relieved as Counsel

Moving Party:  Plaintiff’s Counsel Christian Albut

Resp. Party:    None

        Plaintiff’s Counsel’s Motion to be Relieved as Counsel is GRANTED.      

BACKGROUND:

        On August 8, 2019, Plaintiff Hugo Ivan Maldonado filed this Complaint against multiple Defendants.

        On April 15, 2022, with the stipulation of the parties, the Court continued Trial to September 21 and 22, 2022.

        On September 15, 2022, Plaintiff’s Counsel Christian Albut filed his Motion to be Relieved as Counsel. Plaintiff’s Counsel concurrently filed: (1) Declaration in Support of the Motion; (2) a Proposed Order for the Motion; and (3) Notice of Association of Counsel.

        On September 21 and 22, 2022, a Court Trial was held in this matter. After Plaintiff rested, the Court granted Defendants’ oral motion for nonsuit. Any Motion for Attorney Fees is to be filed and heard by the upcoming OSC re Dismissal that is scheduled for December 20, 2022.

ANALYSIS:

An attorney moving to be relieved as counsel under California Code of Civil Procedure section 284(2) must meet the requirements set out in California Rules of Court, rule 3.1362. To comply with rule 3.1362, the moving party must submit the following forms: (1) Notice of Motion and Motion to be Relieved as Counsel; (2) Declaration in Support of Attorney's Motion to be Relieved as Counsel; and (3) Order Granting Attorney's Motion to be Relieved as Counsel. (Cal. Rules of Court, rule 3.1362(a), (c), (e).) The moving party must serve the aforementioned forms on the client and all other parties who have appeared in the case. (Cal. Rules of Court, rule 3.1362(d).) Further, when the client is served by mail, the attorney's declaration must show that the client's address was confirmed within the last 30 days and how it was confirmed. (Id.)  Absent a showing of resulting prejudice, an attorney’s request for withdrawal should be granted.  (People v. Prince (1968) 268 Cal.App.2d 398, 406.)

Plaintiff’s Counsel’s Motion complies with all of the requirements of California Rules of Court, Rule 3.1362, in that Counsel provided notice of motion and motions to be relieved as counsel; proposed order granting attorney’s motion to be relieved as counsel; and declaration in support of the motion to be relieved as counsel. Additionally, the declaration states that Counsel’s client has been served by mail and Counsel confirmed by telephone within the last 30 days that the addresses are current. (See Declarations, No. 3(a)(2) and (b)(1)(b).) Counsel also filed proof of service demonstrating he served all other parties who have appeared in the case. The motion has not been opposed by any party to the case. There does not appear to be any risk of prejudice to Plaintiff as: (1) Trial has already passed; and (2) Plaintiff has new counsel in Jeffrey Haile, Esq.

 Accordingly, Plaintiff’s Counsel’s Motion to be Relieved as Counsel is GRANTED.