Felipe Mejia Iniguez, et al. v. A.G. Layne, Inc., et al.

MOTION TO BE RELIEVED AS COUNSEL

 

MOVING PARTY: Cynthia Flynn (Counsel for Defendant POLY-LUX, INC.)

RESPONDING PARTY(S): None

STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS:

Plaintiffs Felipe Mejia Iniguez and Maria G. Mejia filed the instant action against various manufacturers of alleged toxic chemical products.  Plaintiff Felipe Mejia worked in mannequin manufacturing where he alleges he was exposed to the harmful chemical products that caused renal cell carcinoma.  Plaintiff passed away from the cancer after filing this suit.  The complaint asserts causes of action against the chemical manufacturers for (1) negligence, (2) strict liability – warning defect, (3) strict liability – design defect, (4) fraudulent concealment, (5) breach of implied warranties, and (6) loss of consortium.

Cynthia Flynn, counsel for Defendant POLY-LUX, INC., moves to be relieved as counsel.  The motion is unopposed.

TENTATIVE RULING:

Counsel’s motion to be relieved is GRANTED on the condition that Counsel submit a new Order (MC-053) which indicates that the next hearing will be an OSC re; Striking of Answer on 10/17/22 at 8:30 a.m.  IF THE CORPORATE DEFENDANT (POLY-LUX, INC.) DOES NOT HAVE A NEW ATTORNEY OF RECORD BY THAT DATE, ITS ANSWER MAY BE STRICKEN

Moving party to give notice, unless waived.  

DISCUSSION:

Motion to be Relieved as Counsel

Legal Standard

For a motion to be relieved as counsel under CCP section 284, subdivision¿(2), California Rules of Court 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 CCP section 284(2) is brought instead of filing a consent under CCP 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, declaration, and proposed order on the client and on all other parties who have appeared in the case; and (4) the proposed order relieving counsel (prepared on the Order Granting Attorney’s Motion to be Relieved as Counsel – Civil form (MC-053)).¿ (Cal. Rules of Court, rule 3.1362.)¿

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.)

Analysis

Counsel filed Civil forms MC-051, MC-052, and MC-053.  The moving papers were served on the client by U.S. Mail, and on all other parties electronically, on August 5, 2022. (See Proof of Service.)  Counsel states that Defendant POLY-LUX, INC., and counsel “have had a progressive and irreparable breakdown in the attorney-client relationship.”  (MC-052, ¶ 2.)

There is no opposition to this motion. “Good cause” has been adequately demonstrated by movant.  Trial in this matter is not set until February 5, 2024, leaving Defendant ample time to retain new counsel.

IT IS SO ORDERED.

Dated:   September 8, 2022 ___________________________________

Randolph M. Hammock

Judge of the Superior Court