Judge: Michael P. Linfield, Case: 23STCV04570, Date: 2023-10-16 Tentative Ruling

Case Number: 23STCV04570    Hearing Date: October 16, 2023    Dept: 34

SUBJECT:        Motion to be Relieved as Counsel

Moving Party: Plaintiff’s Counsel Edgar Manukyan

Resp. Party:    None

The Motion to be Relieved as Counsel is GRANTED.

BACKGROUND:

On March 2, 2023, Plaintiff Alfonso Amador Rendon filed his Complaint against Defendant Galpin Motors, Inc. on causes of action arising from Plaintiff’s employment with Defendant.

On May 18, 2023, Defendant filed its Answer to the Complaint.

On July 5, 2023, pursuant to the Parties’ Joint Stipulation, the Court dismissed this entire action so that the Parties may proceed to binding arbitration. The Court retained jurisdiction to enforce its Order, the stipulation to binding arbitration, and any arbitration award rendered.

On October 16, 2023, Plaintiff’s Counsel, Edgar Manukyan, filed: (1) MC-051, Motion to be Relieved as Counsel; (2) MC-052, Declaration; (3) MC-053, Proposed Order; and (4) Proof of Service.

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

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 and Plaintiff’s Counsel have come to a point of irreconcilable differences with regards to the further handling of this action. No further details are provided.

This matter has been stayed so that the Parties may procced to binding arbitration.

The motion is unopposed, and the withdrawal of Plaintiff’s Counsel does not appear to be unduly prejudicial to Plaintiff at this time.

III.     Conclusion

The Motion to be Relieved as Counsel is GRANTED.