Judge: Michael P. Linfield, Case: BC617526, Date: 2022-12-19 Tentative Ruling

Case Number: BC617526    Hearing Date: December 19, 2022    Dept: 34

SUBJECT:  Motion to be Relieved as Counsel

Moving Party:      Plaintiffs’ Counsel Randall J. Paulson

Resp. Party:        None

        The Motion to be Relieved as Counsel is GRANTED. 

BACKGROUND:

        On April 16, 2016, Plaintiffs filed  their Complaint against Defendants on various causes of action.

        This action has had a long procedural history that continues to the present. The operative pleadings are Plaintiffs’ Fourth Amended Complaint, filed August 8, 2017, and the Answers filed by certain Defendants on September 12, 2017 and on June 11, 2019.

        The Court held a Trial in this matter from October 21, 2019 through October 30, 2019.

        The Parties have continued to file Case Management Statements in this matter, the most recent being filed on December 5, 2022.

        On November 21, 2022, Counsel Randall J. Paulson, who currently represents Plaintiff Adrian Ornelas, filed his Motion to be Relieved as Counsel. The Motion includes Counsel’s Declaration and Proof of Service. The Motion does not include a 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 Paulson’s Motion complies with the requirements of California Rules of Court, rule 3.1362. Counsel provided: (1) notice of motion and motion to be relieved as counsel; and (2) declaration in support of the motion to be relieved as counsel. The declaration states that Counsel’s client has been served by mail and Counsel confirmed by telephone within the last 30 days that the address is current. (See Declarations, No. 3(a)(2) and (b)(1)(d).) Counsel also filed a proof of service demonstrating he served all other parties who have appeared in the case. On December 16, 2022, Counsel provided the Court with Form MC-053, a proposed order granting attorney’s motion to be relieved as counsel.

        The Motion to be Relieved as Counsel is GRANTED.