Judge: Nathan Nhan Vu, Case: 30-2022-01284979, Date: 2023-08-28 Tentative Ruling
Motion to Be Relieved as Counsel
John F. Ramey’s and RAMEY LAW, P.C.’s Motion to Be Relieved as Counsel is CONTINUED to September 25, 2023 at 8:30 a.m. in Department N15.
John F. Ramey and RAMEY LAW, P.C. are ORDERED to file with the court, within 7 days of this ruling:
1) a proof of service indicating all addresses at which Plaintiff was served with the papers for John F. Ramey’s and RAMEY LAW, P.C.’s Motion to Be Relieved as Counsel,
2) a declaration stating all facts showing that the service address for Plaintiff Sylvia Vorrath is her last known residence or business address and that John F. Ramey and RAMEY LAW, P.C. have been unable to locate a more current address after making reasonable efforts to do so within 30 days prior to filing the Motion to Be Relieved as Counsel, and
3) a proof of service indicating that the above declaration and this ruling have been served upon the Plaintiff at her last known residence or business address.
Plaintiff Sylvia Vorrath shall file and serve any opposition to the Motion to Be Relieved as Counsel no later than September 18, 2023, and may appear at the continued hearing to oppose the motion.
John F. Ramey and RAMEY LAW, P.C. move to relieved as counsel for Plaintiff Sylvia Vorrath.
Standard to Be Relieved as Counsel
“The attorney in an action or special proceeding may be changed at any time before or after judgment or final determination . . . [u]pon the order of the court, upon the application of either client or attorney, after notice from one to the other.” (Code Civ. Proc., § 284.)
The notice of motion and motion to be relieved as counsel under Civil Procedure Code section 284 shall be directed to the client and shall be made on the Judicial Council’s Notice of Motion and Motion to Be Relieved as Counsel-Civil form (Form MC-051). (Cal. Rules of Ct., rule 3.1362(a).) No memorandum is required for the motion, (see Cal. Rules of Ct., rule 3.1362(b)), but the motion shall be accompanied by a declaration stating in general terms, without compromising the confidentiality of the attorney-client relationship, why counsel is making a motion instead of filing a consent, (Cal. Rules of Ct., rule 3.1362(c)).
If the motion is served by mail, it shall be accompanied by a declaration stating facts showing either that (1) the service address is the current residence or business address of the client or (2) the service address is the last known residence or business address of the client and the attorney has been unable to locate a more current address after making reasonable efforts to do so within 30 days prior to filing the motion. (Cal. Rules of Ct., rule 3.1362(d).)
The motion may be brought on various grounds, some of which include the client’s failure to pay attorney fees, (People v. Prince (1968) 268 Cal.App.2d 398, 406); the client’s insistence on an action that is not justified under existing law or by good faith argument, (Estate of Falco v. Decker (1987) 188 Cal.App.3d 1004, 1015); and a conflict of interest between counsel and the client, (Aceves v. Superior Court (1996) 51 Cal.App.4th 584, 592).
However, under the Rules of Professional Conduct, “a member shall not terminate a representation until the lawyer has taken reasonable steps to avoid reasonably foreseeable prejudice to the rights of the client, such as giving the client sufficient notice to permit the client to retain other counsel, and complying with paragraph (e).” (Rules Prof. Conduct, rule 1.16(d); see Ramirez v. Sturdevant (1994) 21 Cal.App.4th 904, 915.)
Thus, the court has discretion to deny a motion to be relieved as counsel where discharging counsel would result in “undue prejudice to the client’s interests, ” (Ramirez vs. Sturdevant (1994) 21 Cal.App.4th 904, 915), or “an unreasonable disruption of the orderly processes of justice,” (People v. Ortiz (1990) 51 Cal.3d 975, 979). The court may also deny an attorney’s request to withdraw “where such withdrawal would work an injustice or cause undue delay in the proceeding”. (Mandell v. Superior Court (1977) 67 Cal.App.3d 1, 4.) However, such discretion is to be exercised reasonably. (Ibid.)
In this case, John F. Ramey averred in his declaration that he had “served the client by mail at the client's last known address with copies of the motion papers” and “confirmed within the past 30 days that the address is current”. John F. Ramey also declares that he “[h]as also sent a copy via email to client’s last know email address, as well as sent a text communication and attempt to reach client by telephone.”
Counsel have declared that there has been a breakdown of the attorney-client relationship, that the client has failed to comply with counsel’s instructions, and that there has been a breach of the retainer agreement. These are sufficient reasons to be relieved as counsel.
In addition, the matter has not been set for a jury trial and the next hearing – a case management conference – is not scheduled until October 19, 2023. Plaintiff will have sufficient time to obtain new counsel and will not be unduly prejudiced in her ability to prepare for and try the case.
However, the proof of service for the motion papers only states that service was completed on opposing counsel on April 25, 2023. John F. Ramey and RAMEY LAW, P.C. do not identify at what addresses Plaintiff was served (whether mailing address, electronic address, or text phone number), when Plaintiff was served.
Counsel also fail to identify any facts showing that the service address is the last known residence or business address of the client and the attorney has been unable to locate a more current address after making reasonable efforts to do so within 30 days prior to filing the motion.
In order to ensure that Plaintiff has received notice of this motion and an opportunity to respond, the court shall require that John F. Ramey and RAMEY LAW, P.C. file and serve 1) a proof of service indicating all addresses at which Plaintiff was served with the motion papers, 2) a declaration stating all facts showing that the service address is the last known residence or business address of the client and the attorney has been unable to locate a more current address after making reasonable efforts to do so within 30 days prior to filing the motion, and 3) a proof of service indicating that the above declaration and this ruling have been served upon the Plaintiff at her last known residence or business address.
If counsel fail to complete all of these requirements within 7 days of this ruling, the court may deny this Motion to Be Relieved as Counsel.
John F. Ramey and RAMEY LAW, P.C. shall give notice of this ruling.