Judge: Michael P. Linfield, Case: 22STCV14530, Date: 2022-08-30 Tentative Ruling

Case Number: 22STCV14530    Hearing Date: August 30, 2022    Dept: 34

SUBJECT:                 Motion to Be Relieved as Counsel

Moving Party:          David J. Furtado

Resp. Party:             None

David J. Furtado’s Motion to Be Relieved as Counsel is DENIED without prejudice.

I.           BACKGROUND

On April 29, 2022, Plaintiff Balvinder Kaur filed a complaint against Defendant CSE Safeguard Insurance Company alleging (1) breach of contract and (2) breach of implied covenant of good faith and fair dealing.

On June 24, 2022, Defendant and Cross-Complainant CSE Safeguard Insurance Company filed a cross-complaint against Cross-Defendants Balvinder Kaur and Lachman Singh alleging the following causes of action:

1.   Rescission Based on Misrepresentation and Concealment Prior to the Loss

2.   Rescission Based on Misrepresentation and Fraud After the Loss

3.   Declaratory Relief

On July 25, 2022, David J. Furtado moved the Court to be relieved as counsel for Plaintiff Balvinder Kaur.

II.        ANALYSIS

A.          Legal Standard

An attorney moving to be relieved as counsel under California Code of Civil Procedure § 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 – Civil; (2) Declaration in Support of Attorney's Motion to be Relieved as Counsel – Civil; and (3) Order Granting Attorney's Motion to be Relieved as Counsel – Civil. (Cal. Rules of Court, rule 3.1362(a), (c), (e).) The moving party must serve the 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.)

B.          Discussion

Counsel’s Motion complies with all the requirements of California Rules of Court, Rule 3.1362, in that Counsel provided a notice of motion and motion to be relieved as counsel; an order granting attorney’s motion to be relieved as counsel; and a 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 past 30 days that the address is current. (See Declaration, No. 3(a) and (b).) This motion has also not been opposed by any party to the case.

However, counsel has not filed a proof of service to show that he served all other parties who have appeared in the case.

III.     CONCLUSION

David J. Furtado’s Motion to Be Relieved as Counsel is DENIED.