Judge: Peter A. Hernandez, Case: 24STCV15577, Date: 2025-03-04 Tentative Ruling

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Case Number: 24STCV15577    Hearing Date: March 4, 2025    Dept: 34

Plaintiff Nicholas Woods’ Counsel Jason G. Eisenberg and R. Bret Beattie’s Motion to be Relieved as Counsel is GRANTED, effective upon the filing of proof of service showing service of the signed order.

Background

On June 21, 2024, Plaintiff Nicholas Woods (“Plaintiff”) filed a complaint against Defendants Brenda Lara and Los Angeles County Metropolitan Transportation Authority (“Defendants”) arising from Defendant Brenda Lara negligently closing a bus door on Plaintiff’s leg alleging causes of action for:

1.           Motor Vehicle; and

2.           General Negligence.

On January 14, 2025, counsel for Plaintiff, Jason G. Eisenberg and R. Bret Beattie (“Counsel”), filed: (1) MC-051, Motion to be Relieved as Counsel; (2) MC-052, Declaration in Support of Motion to be Relieved as Counsel; (3) MC-053, Proposed Order; and (4) Proof of Service. No opposition or other response has been filed.

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’s motion complies with the requirements of California Rules of Court, rule 3.1362, in that Counsel provided the motion to be relieved as counsel, a declaration in support, a proposed order granting Counsel’s motion; and proof of service.

            The declaration states that there has been a breakdown in the attorney-client relationship between Counsel and Plaintiff. (Eisenberg Decl., ¶ 2.) Counsel also declares that a Substitution of Attorney form sent on December 5, 2024, was never answered or returned to Counsel. (Ibid.)

            The court determines that the requirements of Rules of Court Rule 3.1362 enumerated above have been sufficiently met. The court grants the requested withdrawal effective upon the filing of proof of service showing service of the signed order to Plaintiff.

Conclusion

Plaintiff Nicholas Woods’ Counsel Jason G. Eisenberg and R. Bret Beattie’s Motion to be Relieved as Counsel is GRANTED, effective upon the filing of proof of service showing service of the signed order.