Judge: Michael P. Linfield, Case: 22STCV17025, Date: 2022-12-08 Tentative Ruling

Case Number: 22STCV17025    Hearing Date: December 8, 2022    Dept: 34

SUBJECT:         Motions to be Relieved as Counsel

Moving Party:  Plaintiffs’ Counsel T. Randolph Catanese

Resp. Party:    None

        Counsel Catanese’s Motions to be Relieved as Counsel are DENIED as moot.       

BACKGROUND:

        On May 23, 2022, Plaintiffs Ellie Shaya and Abraham Shaya filed their Complaint against Defendant Peter Antico on a cause of action for breach of contract.

        On November 9, 2022, Plaintiffs’ Counsel T. Randolph Catanese filed his Motion to be Relieved as Counsel for Plaintiff Ellie Shaya and his Motion to be Relieved as Counsel for Plaintiff Abraham Shaya. For each of the Motions, Counsel Catanese concurrently filed: (1) his Declaration; (2) Proposed Order; and (3) Proof of Service.

        On November 28, 2022, each Plaintiff filed their Substitution of Attorney. On November 29, 2022, Plaintiff Abraham Shaya filed his Amended Substitution of Attorney.

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 Catanese’s Motions comply with all of the requirements of California Rules of Court, rule 3.1362, in that Counsel provided notice of motions and motions to be relieved as counsel; proposed orders granting attorney’s motions to be relieved as counsel; and declarations in support of the motions to be relieved as counsel. Counsel also filed proofs of service demonstrating he served all parties who have appeared in the case. In addition, as Trial is scheduled for nearly eight months from now and Plaintiffs have already obtained new counsel, there appears to be at most minimal risk of prejudice to Plaintiffs.

However, because Plaintiffs have since substituted their counsel and filed the substitution with the Court, there is no longer a need for the Court to grant former Counsel Catanese’s Motions. (Code Civ. Proc., § 284.)

The Court DENIES as moot Counsel Catanese’s Motions to be Relieved as Counsel.