Samuel Bastidas v. Mack Mortgage, Inc., et al.

MOTION TO BE RELIEVED AS COUNSEL FOR PLAINTIFF SAMUEL BASTIDAS

 

MOVING PARTY: Timothy R. Hanigan (counsel for Plaintiff Samuel Bastidas)

RESPONDING PARTY(S): None

STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS:

Plaintiff Samuel Bastidas alleges he entered into an agreement to purchase real property in Los Angeles and retained Defendants to help him procure a loan. Defendants then failed to obtain a loan for Plaintiff in time for closing, and as a result, the sellers of the property cancelled escrow. Plaintiff now brings this action against Defendants for (1) breach of oral agreements, (2) breach of fiduciary duty, (3) intentional failure to disclose, and (4) negligence. 

Timothy R. Hanigan, counsel for Plaintiff, now moves to be relieved as counsel. No opposition was filed.

TENTATIVE RULING:

Counsel’s Motion to be Relieved as Counsel for Plaintiff Samuel Bastidas is GRANTED.

Withdrawing counsel is ordered to give notice.

DISCUSSION:

Motion to be Relieved as Counsel

A. 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.)

B. Analysis

Counsel filed Civil forms MC-051, MC-052, and MC-053.  Counsel served the moving papers on the client by mail and email on April 23, 2025. (See Proof of Service.)  Counsel has confirmed the client’s addresses within the last 30-days by telephone. (Form MC-052 ¶ 3(b).)  [FN 1] 

In support of withdrawal, Counsel attests that “[i]rreconcilable differences have arisen between counsel and client which prevents counsel from further representing client.” (Form MC-052, ¶ 2.)

Here, “good cause” has been adequately demonstrated by Counsel.  In addition, there is no obvious prejudice to the client or any other party if counsel is relieved at this time. Trial is set for January of 2026, leaving Plaintiff ample time to retain new counsel, if necessary. 

Accordingly, Counsel’s Motion to be Relieved as Counsel for Plaintiff Samuel Bastidas is GRANTED.

Withdrawing counsel is ordered to give notice.

IT IS SO ORDERED.

Dated:   May 21, 2025 ___________________________________