Judge: Peter A. Hernandez, Case: 23STCV10218, Date: 2024-11-07 Tentative Ruling

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Case Number: 23STCV10218    Hearing Date: November 7, 2024    Dept: 34

Cross-Complainant Dawn M. Petschauer’s Counsel Patricia Rodriguez’ Motion to be Relieved as Counsel is GRANTED. 

Background

On May 8, 2023, Plaintiffs William Xiaoyu Guo, Qichen Guo, and Xiaoping Liu filed a complaint against Defendant Dawn M. Petschauer on causes of action arising from alleged violations of Plaintiffs’ rights regarding their real property.

On June 12, 2023, Plaintiffs filed a First Amended Complaint.

On July 17, 2023, Defendant/Cross-Complainant Dawn M. Petschauer filed: (1) Answer to the First Amended Complaint; and (2) Cross-Complaint against Plaintiffs/Cross-Defendants William Xiaoyu Guo, Qichen Guo, and Xiaoping Liu.

On September 14, 2023, Plaintiffs/Cross-Defendants filed an answer to the Cross-Complaint.

On October 20, 2023, Counsel Patricia Rodriguez substituted into the above-referenced matter to represent Petschauer.

On October 8, 2024, Defendant/Cross-Complainant Dawn M. Petschauer’s Counsel, Patricia Rodriguez, filed: (1) MC-051, Motion to be Relieved as Counsel; (2) MC-052, Declaration; (3) MC-053, Proposed Order; and (4) Proof of Service.

On October 17, 2024, Defendant/Cross-Complainant Dawn M. Petschauer (“Petschauer”) filed a MC-050, Substitution of Attorney form substituting Counsel Patricia Rodriguez for Counsel Armen A. Avakian as to the Complaint only.

Legal Standard

“The attorney in an action or special proceeding may be changed at any time before or after judgment or final determination, as follows: 1. Upon the consent of both client and attorney, filed with the clerk, or entered upon the minutes; 2. Upon the order of the court, upon the application of either client or attorney, after notice from one to the other.” (Code Civ. Proc., § 284.)

An attorney moving to be relieved as counsel under California Code of Civil Procedure section 284(2) must meet the requirements set out in California Rules of Court, rule 3.1362.

To comply with rule 3.1362, the moving party must submit the following forms: (1) Notice of Motion and Motion to be Relieved as Counsel; (2) Declaration in Support of Attorney's Motion to be Relieved as Counsel; and (3) Order Granting Attorney's Motion to be Relieved as Counsel. (Cal. Rules of Court, rule 3.1362(a), (c), (e).)

The moving party must serve the aforementioned forms on the client and all other parties who have appeared in the case. (Cal. Rules of Court, rule 3.1362(d).) Further, when the client is served by mail, the attorney's declaration must show that the client's address was confirmed within the last 30 days and how it was confirmed. (Ibid.) 

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.)

Discussion

Counsel Patricia Rodriguez’ (“Counsel”) seeks to be relieved from representing Petschauer on the Cross-Complaint. The Motion to be Relieved as Counsel complies with all of the requirements of California Rules of Court, rule 3.1362, in that Counsel provided notice of motion and motion to be relieved as counsel; proposed order granting attorney’s motion to be relieved as counsel; and declaration in support of the motion to be relieved as counsel.

            The declaration states that Counsel and Petschauer have encountered a conflict of interest. (MC-052, ¶ 2.) Counsel attempted to resolve the conflict with Petschauer but has been unable to do so and must now withdraw as attorney of record for Petschauer. (Ibid.)

            The court determines that the requirements of Rules of Court Rule 3.1362 enumerated above have been sufficiently met and will grant the requested withdrawal.

Conclusion

Defendant/Cross-Complainant Dawn M. Petschauer’s Counsel Patricia Rodriguez’ Motion to be Relieved as Counsel is GRANTED.