Judge: Michael P. Linfield, Case: 22STCV39101, Date: 2023-10-18 Tentative Ruling

Case Number: 22STCV39101    Hearing Date: October 18, 2023    Dept: 34

SUBJECT:        Motion to be Relieved as Counsel

Moving Party: Plaintiff’s Counsel Angela Swan

Resp. Party:    None

The Motion to be Relieved as Counsel is DENIED.

BACKGROUND:

On December 16, 2022, Plaintiff Juan Lopez, who at that time was unrepresented by counsel, filed his Complaint against Defendant Sylvia Mouneu.

On February 3, 2023, with the assistance of counsel, Plaintiff filed his First Amended Verified Complaint.

On April 21, 2023, Defendant filed her Verified Answer to First Amended Complaint.

On September 14, 2023, Plaintiff’s Counsel, Angela Swan, filed: (1) MC-051, Motion to be Relieved as Counsel; (2) MC-052, Declaration; and (3) POS-030, Proof of Service by First-Class Mail — Civil.

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

ANALYSIS:

I.          Legal Standard

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

Procedurally, Counsel’s Motion does not comply with all of the requirements of California Rules of Court, rule 3.1362. Specifically, Judicial Council Form MC-053, Proposed Judgment, has not been submitted, nor has any other form of proposed judgment been filed. The Court lacks sufficient evidence to determine whether such a form has been properly served, which is also a requirement.

Substantively, the Court is unaware of the reason for the proposed withdrawal from representation. Plaintiff’s Counsel states in the Declaration, “See Exhibit #1.” But no such exhibit is attached to the declaration submitted or to any of the other filings submitted.

        Without the items mentioned above, the Court lacks a sufficient basis to balance the harms and grant the relief Plaintiff’s Counsel seeks.

The Court DENIES the Motion to be Relieved as Counsel.

III.     Conclusion

The Motion to be Relieved as Counsel is DENIED.