Judge: Nathan Vu, Case: 2021-01220764, Date: 2022-12-12 Tentative Ruling
Please Note: The hearing on this matter is scheduled for 8:30 A.M.
Motion to Be Relieved as Counsel
The motion to be relieved as counsel for Plaintiff Nicholas Moss is GRANTED/DENIED.
The court ORDERS that counsel for Plaintiff Nicholas Moss submit a proposed Order Granting Attorney’s Motion to Be Relieved as Counsel – Civil (Form MC-053) to the court within 10 days of this ruling.
The court ORDERS that, within 30 days of receiving the signed Form MC-053 from the court, counsel for Plaintiff Nicholas Moss shall serve Plaintiff Nicholas Moss with the signed Form MC-053 and the notice of this ruling, in the manner described in Rules of Court Rule 3.1362(c).
Counsel shall be relieved as counsel of record for Plaintiff Nicholas Moss effective upon the filing of a proof of service showing timely service of the Judicial Council Form MC-053.
Nicholas Moss, Samer Habbas and The Law Offices of Samer Habbas & Associates, PC, move to relieved as counsel for Plaintiff Nicholas Moss.
“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. R. Ct. 3.1362, subd. (a).) No memorandum is required for the motion, (see Cal. R. Ct. 3.1362, subd. (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. R. Ct. 3.1362, subd. (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. R. Ct. 3.1362, subd. (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).
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, the court finds that counsel for Plaintiff has complied with the requirements of the California Rules of Court, including serving the client at the client’s last known address. Counsel also has declared a justifiable reason to be relieved as counsel — the breakdown of the attorney-client relationship.
Here, the matter is set a jury trial on 07/24/2023. Given that trial will not commence for more than 7 months, Plaintiff will have ample time to find new counsel. Further, no opposition has been filed establishing prejudice to Plaintiff or any other party. Therefore, the court finds that no undue prejudice will result from the court’s granting of the motion to be relieved as counsel.
Counsel for Plaintiff Nicholas Moss shall give notice of this ruling.