Judge: Michael P. Linfield, Case: 23STCV05211, Date: 2023-11-14 Tentative Ruling

Case Number: 23STCV05211    Hearing Date: November 14, 2023    Dept: 34

SUBJECT:        Motion to be Relieved as Counsel

Moving Party: Plaintiff’s Counsel John Gibson

Resp. Party:    None

The Motion to be Relieved as Counsel is GRANTED.

BACKGROUND:

On March 9, 2023, Plaintiff Sailing Supply Chain (HK) Co., Ltd. filed its Complaint against Defendants Smart Transit Solutions, Inc. and Corey Norwood on causes of action for unlawful conversion and fraud.

On October 11, 2023, Plaintiff’s Counsel, John Gibson, 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, a proposed order granting attorney’s motions to be relieved as counsel, and a declaration in support of the motion to be relieved as counsel.

The declaration states that there has been a breakdown in the attorney-client relationship and that it has been several months since Plaintiff’s Counsel has had any response from Plaintiff, despite Plaintiff’s Counsels emails and calls.

As trial is not scheduled in this matter, there does not be a significant risk of prejudice to Plaintiff by the withdrawal. Further, it is not Plaintiff’s Counsel’s responsibility to prosecute this matter.

III.     Conclusion

The Motion to be Relieved as Counsel is GRANTED.