Judge: Michelle C. Kim, Case: 23STCV05596, Date: 2023-11-30 Tentative Ruling

Case Number: 23STCV05596    Hearing Date: November 30, 2023    Dept: 31

Tentative Ruling

Judge Kerry Bensinger, Department 31

HEARING DATE:             November 30, 2023                   TRIAL DATE:  July 22, 2024

CASE:                                    Fredrick Smith v. Clearpath Federal Credit Union

CASE NO.:                           23STCV05596

MOTION TO BE RELIEVED AS COUNSEL

MOVING PARTY:                           Michael J. Jaurigue and Amanda L. Thompson, Jaurigue Law Group

RESPONDING PARTY:               No opposition

I.             INTRODUCTION

On October 10, 2023, Michael J. Jaurigue and Amanda L. Thompson, counsel for Plaintiff, Fredrick Smith, filed this Motion to be Relieved as Counsel.  

II.           LEGAL STANDARDS 

California Rule 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 

Michael J. Jaurigue and Amanda L. Thompson seek to be relieved as counsel of record for Plaintiff for the following reasons: “The relationship of trust and confidence essential to the attorney-client relationship has ceased to exist.  An irreparable breakdown of the attorney-client relationship has arisen that makes continued representation unreasonably difficult.  The specific acts giving rise to this motion are confidential.  Client will not consent to counsel being relieved pursuant to Code of Civil Procedure § 284(1).”  (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.)  

Upon review, the Court finds the Motion does not comply with California Rules of Court, rule 3.1362.  Specifically, Item 5b of the proposed order does not specify the date when the order is to be effective.  The Court further notes that Defendant reserved hearing dates and filed discovery motions for those dates after Counsel filed this Motion to be Relieved as Counsel.  The Court will require Counsel to file and serve an amended Motion which includes the hearing dates for Defendant’s discovery motions.

IV.          CONCLUSION  

                Accordingly, the Hearing on the Motion to be Relieved as Counsel scheduled for 11/30/2023 is CONTINUED to 01/05/2024 at 08:30 AM.¿ Counsel is to file and serve an amended Motion and proposed order consistent with this order no later than 5 court days before the hearing.¿

                Counsel to give notice.  

Dated:   November 30, 2023