Judge: Michelle C. Kim, Case: 19STCV43861, Date: 2024-01-11 Tentative Ruling

Case Number: 19STCV43861    Hearing Date: January 11, 2024    Dept: 31

Tentative Ruling

Judge Kerry Bensinger, Department 31

HEARING DATE:     January 11, 2024                   TRIAL DATE:  Not set

CASE:                         Fred Stepen, et al. v. Vanounou Zion, et al.

CASE NO.:                 19STCV43861

MOTION TO BE RELIEVED AS COUNSEL

MOVING PARTY:               A. Scott Brown, Law Offices of A. Scott Brown

RESPONDING PARTY:     No opposition

I.          INTRODUCTION

On December 13, 2023, A. Scott Brown, counsel for Defendant, Zion Vanounou, filed this Motion to be Relieved as Counsel.  

II.        LEGAL STANDARD 

California Rules of Court, rule 3.1362 (Motion to Be Relieved as Counsel) requires (1) notice of motion and motion to be directed to the client (made on the Notice of Motion and Motion to be Relieved as Counsel—Civil form (MC-051)); (2) a declaration stating in general terms and without compromising the confidentiality of the attorney-client relationship why a motion under Code of Civil Procedure section 284(2) is brought instead of filing a consent under Code of Civil Procedure section 284(1) (made on the Declaration in Support of Attorney's Motion to Be Relieved as Counsel—Civil form (MC-052)); (3) service of the notice of motion and motion and declaration on all other parties who have appeared in the case; and (4) the proposed order relieving counsel (prepared on the Order Granting Attorney's Motion to Be Relieved as Counsel—Civil form (MC-053)). 

The court has discretion to allow an attorney to withdraw, and such a motion should be granted provided that there is no prejudice to the client, and it does not disrupt the orderly process of justice.  (See Ramirez v. Sturdevant (1994) 21 Cal.App.4th 904, 915.)  

III.       DISCUSSION 

A. Scott Brown seeks to be relieved as counsel of record for Defendant for the following reasons: “There has been a breakdown in the attorney-client relationship to the extent that I cannot adequately and zealously continue to represent the client's interest. There has also been a breakdown in confidence and trust between the client and my office. Fees remain outstanding and have not been paid and prospects of future payment are insufficient. My efforts to remedy these issues have been unsuccessful. The facts and circumstances giving rise to the conflict in the relationship cannot be further disclosed without violating confidences and privileged communications.”  (MC-052.)   

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’s Motion is defective.  California Rules of Court, rule 3.1362 requires the filing of a proposed order relieving counsel on Form MC-053.  Counsel has not included a proposed order with this Motion.

IV.       CONCLUSION        

            Accordingly, the motion is CONTINUED to January 25, 2024 at 8:30 a.m. to allow Counsel to file and serve a proposed order on Form MC-053.  The proposed order must be filed no later than 5 court days before the hearing.  The Court also notes that Counsel has filed two other motions to be relieved as counsel.  Counsel is directed to review those motions for similar defects.

            Counsel to give notice.  

Dated:   January 11, 2024