Judge: Peter A. Hernandez, Case: 22PSCV01499, Date: 2023-11-14 Tentative Ruling
Case Number: 22PSCV01499 Hearing Date: November 14, 2023 Dept: K
1. Counsel for Plaintiff Ivan Hernandez-Chavelas’ (i.e., Wilshire Law
Firm) Motion to be Relieved as Counsel is GRANTED, effective
upon the filing
of the proof of service showing service of the signed order upon the Client at the
Client’s last known address, return receipt requested.
2. Counsel for Plaintiff Rafael Hernandez’s (i.e., Wilshire Law Firm) Motion
to be Relieved as Counsel is GRANTED, effective upon the filing of the proof of service showing
service of the signed order upon the Client at the Client’s last known address,
return receipt requested.
Background
On October 26, 2022, Plaintiffs filed a complaint, asserting a cause of action against Kara Kar Man Lau (“Lau”), Carlos Alberto Rios (“Rios”) and Does 1-50 for:
1.
Negligence
On June 8, 2023, Rios filed a First Amended Cross-Complaint, asserting causes of action against Lau, Giovanny Aleman (“Aleman”) and Roes 1-20 for:
1.
Indemnity
2.
Contribution
On October 3, 2023, Lau filed a cross-complaint, asserting causes of action against Aleman for:
1.
Contribution
2.
Indemnity
3.
Declaratory
Relief
A Case Management Conference is set for January 17, 2024.
Discussion
The Wilshire Law Firm (“Firm”) seeks to be relieved as counsel of record for Plaintiffs (“Clients”).
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; People v. Prince (1968) 268 Cal.App.2d 398.)
California Rule of Court (“CRC”) Rule 3.1362 requires (1) a notice of motion and motion 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 § 284(2) is brought instead of filing a consent under 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, the declaration, and the proposed order on the client and on all other parties who have appeared in the case; and (4) a proposed order relieving counsel (prepared on the Order Granting Attorney's Motion to Be Relieved as Counsel—Civil form (MC-053)). The court may delay the effective date of the order relieving counsel until proof of service of a copy of the signed order on the client has been filed with the court.
Attorney Ariella E. Perry (“Perry”) represents that there has been a breakdown in communication with the Clients such that counsel can no longer effectively represent the Clients.
Perry states that she has served the Clients by mail at the Clients’ last known address with copies of the motion papers served with this declaration and that she has confirmed, within the past 30 days, that the address is current, by mail, return receipt requested.
The court determines that the requirements of Rules of Court Rule 3.1362 enumerated above have been sufficiently met.
Accordingly, the motions are granted, effective upon the filing of the proof of service showing service of the signed orders upon the Clients at the Clients’ last known address, return receipt requested.