Judge: Michael P. Linfield, Case: 21STCV03966, Date: 2024-01-03 Tentative Ruling

Case Number: 21STCV03966    Hearing Date: January 3, 2024    Dept: 34

SUBJECT:        Motion to be Relieved as Counsel

Moving Party: Plaintiff’s Counsel A. Jacob Nalbandyan & Tannaz Ghayadi

Resp. Party:    None

The Motion to be Relieved as Counsel is GRANTED.

BACKGROUND:

On February 1, 2021, Plaintiff Mario Batzibal Tzoc filed his Complaint against Defendant JHOS Logistics and Transportation Inc. on causes of action arising from Plaintiff’s employment by Defendant.

On May 31, 2022, the Court dismissed with prejudice Plaintiff’s Complaint and retained jurisdiction to make orders to enforce any and all terms of settlement, including judgment, pursuant to Code of Civil Procedure section 664.6.

On March 6, 2023, the Court granted Plaintiff’s Motion for an Order Enforcing Terms of Settlement Agreement and Request for Costs and Attorney’s Fees.

On March 28, 2023, the Court entered Judgment in this matter.

On December 6, 2023, Plaintiff’s Counsel filed: (1) MC-051, Motion to be Relieved as Counsel; (2) MC-052, Declaration; and (3) MC-053, Proposed Order.

No opposition or other response has been filed to the motion.

ANALYSIS:

I.          Legal Standard

“The 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 upon the minutes; 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.)

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.)

II.       Discussion

Counsel’s Motion to be Relieved as Counsel complies with all of the requirements of California Rules of Court, rule 3.1362, in that Counsel provided notice of motion and motion 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.

The declaration states that Plaintiff’s Counsel have lost contact with Plaintiff and that Plaintiff is not responding to repeated e-mails and phone calls by Plaintiff’s Counsel. (MC-052.)

Judgment has already been entered in this matter, however an attorney can still move the Court to be relieved of duty.  (CCP § 284.) While there could be post-judgment proceedings for enforcement, there does not seem at this time to be any risk of prejudice to Plaintiff (who is now a judgment creditor) or to Defendant (who is now a judgment debtor) if Plaintiff’s Counsel is allowed to withdraw from the representation.

III.     Conclusion

The Motion to be Relieved as Counsel is GRANTED.