Judge: Michelle C. Kim, Case: 21STCV19742, Date: 2023-06-22 Tentative Ruling

Case Number: 21STCV19742    Hearing Date: October 17, 2023    Dept: 31

SUPERIOR COURT OF THE STATE OF CALIFORNIA  

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT 

 

TASHA MARCELLA CLARK, 

Plaintiff(s), 

vs. 

 

CITY OF LONG BEACH, ET AL., 

Defendant(s). 

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Case No.: 21STCV19742 

 

[TENTATIVE] ORDER RE: MOTION TO BE RELIEVED AS COUNSEL  

 

Dept. 31 

1:30 p.m. 

October 17, 2023 

 

 

Plaintiff Tasha Marcella Clark’s (“Plaintiff”) attorney of record, Andrew L. Ellis, Esq. (“Counsel”), moves to be relieved as counsel for Plaintiff. Counsel contends relief is necessary because Plaintiff has been non-compliant with Counsel’s employment agreement.  

Counsel also declares that he has been unable to confirm the address or locate a more current address after mailing the moving papers, and calling the client’s last known telephone number. Counsel filed proof of service of the motion, declaration, and proposed order on Plaintiff, Defendant, and on the Clerk of Court. (Cal. Rules of Court, Rule 3.1362(d).) 

However, the trial date is currently set for December 19, 2023, which is two months from the hearing date on the instant motion. Unlike their clients, attorneys do not have an absolute right to withdraw from representation at any time with or without cause. Even where grounds for termination exist, attorneys seeking to withdraw must comply with the procedures set forth in California Rule of Professional Conduct (CRPC) 3.700 and are subject to discipline for failure to do so. CRPC 3.700(B) lists various grounds for mandatory withdrawal.  

The rules have been liberally construed to protect clients. (Vann v. Shilleh, supra, 54 Cal.App.3d 192; Chaleff v. Superior Court (1977) 69 Cal.App.3d 721; Ramirez v. Sturdevant (1994) 21 Cal.App.4th 904, 915.) An attorney, either with client's consent or court's approval, may withdraw from case when withdrawal can be accomplished without undue prejudice to client's interests; however, an attorney “shall not withdraw from employment until the member has taken reasonable steps to avoid reasonably foreseeable prejudice to the rights of the client, including giving due notice to the client, allowing time for employment of other counsel, complying with rule 3-700(D), and complying with applicable laws and rules.” (CRPC 3.700(A)(2).) A lawyer violates his or her ethical mandate by abandoning a client (Pineda v. State Bar (1989) 49 Cal.3d 753, 758 759), or by withdrawing at a critical point and thereby prejudicing the client’s case. (CRPC 3.700(A)(2); Vann v. Shilleh, supra.) 

Given that trial is set for two months after the hearing on this matter, Plaintiff will be prejudiced if Counsel is permitted to withdraw. Absent a mandatory ground for relief, the motion will be denied without prejudice as to Counsel’s ability to re-file the motion if and when there is a trial continuance. 

However, if all parties in the matter are present and the parties agree to a trial continuance, the Court may consider a request to continue the trial and to modify this tentative decision accordingly. The appearances may be remote.  

 

Moving Counsel is ordered to give notice. 

 

PLEASE TAKE NOTICE: 

  • Parties are encouraged to meet and confer after reading this tentative ruling to see if they can reach an agreement. 

  • If a party intends to submit on this tentative ruling,¿the party must send an email to the court at¿sscdept31@lacourt.org¿with the Subject line “SUBMIT” followed by the case number.¿ The body of the email must include the hearing date and time, counsel’s contact information, and the identity of the party submitting.¿¿ 

  • Unless¿all¿parties submit by email to this tentative ruling, the parties should arrange to appear remotely (encouraged) or in person for oral argument.¿ You should assume that others may appear at the hearing to argue.¿¿ 

  • If the parties neither submit nor appear at hearing, the Court may take the motion off calendar or adopt the tentative ruling as the order of the Court.¿ After the Court has issued a tentative ruling, the Court may prohibit the withdrawal of the subject motion without leave.¿ 

 

Dated this 16th day of October 2023 

 

  

 

 

Hon. Michelle C. Kim 

Judge of the Superior Court