Judge: Michael P. Linfield, Case: 22STCV16604, Date: 2022-12-12 Tentative Ruling

Case Number: 22STCV16604    Hearing Date: December 12, 2022    Dept: 34

SUBJECT:         Motion to be Relieved as Counsel

Moving Party:  Plaintiffs’ Counsel Allison B. Margolin

Resp. Party:    None

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

BACKGROUND:

        On May 19, 2022, Plaintiffs Gas Pedal Delivery & Distribution LLC and Eric Milestone filed their Complaint against Defendant Sean P. Dunn on causes of action for: (1) breach of contract; (2) promissory fraud; (3) intentional misrepresentation; (4) breach of fiduciary duty; (5) rescission based on fraud; and (6) declaratory relief.

        On October 3, 2022, Defendant/Cross-Complainant filed his Answer and his Cross-Complaint against Plaintiffs/Cross-Defendants Gas Pedal Delivery & Distribution LLC and Eric Milestone.

        On October 7, 2022, Defendant/Cross-Complainant filed his First Amended Cross-Complaint.

        On November 21, 2022, Plaintiffs’/Cross-Defendants’ Counsel filed her Motion to be Relieved as Counsel. Counsel concurrently filed: (1) two Proofs of Service; (2) Declaration; and (3) Proposed Order. 

        No oppositions or other responses have been filed regarding this Motion.

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.)

Counsel Margolin’s Motion 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. Additionally, the declaration states that Counsel’s clients have 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)(d).) Counsel also filed proofs of service demonstrating she served all other parties who have appeared in the case. The motion has not been opposed by any party to the case. As Trial is not scheduled until September 2023, there appears to be minimal risk to Plaintiffs as they will have time to obtain new counsel.

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