Maria Theresa Trenco Ochoa v. Epic Orange, LLC, et al.

MOTION TO BE RELIEVED AS COUNSEL

 

MOVING PARTY: Grace Horoupian (Counsel for Defendant Epic Orange, LLC)

RESPONDING PARTY(S): None

STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS:

This is an employment dispute. Plaintiff Maria Theresa Trenco Ochoa worked as a Designated Manager for Defendant Epic Orange, LLC.  Plaintiff alleges Defendant unlawfully terminated her employment after she became pregnant and went on a maternity leave.  

Grace Horoupian, Counsel for Defendant, now moves to be relieved as counsel. The motion is unopposed.

TENTATIVE RULING:

Counsel’s motion to be relieved is GRANTED on the following conditions:

(1) Plaintiff must make a sufficient “offer of proof” at the hearing demonstrating that the moving papers have been served at Defendant’s last known address; and  

(2) Counsel must submit a new Order (MC-053) which indicates that the next hearing will be an OSC re: Striking of Answer on 5/30/23 at 8:30 a.m.  IF DEFENDANT DOES NOT HAVE A NEW ATTORNEY OF RECORD BY THAT DATE, IT’S ANSWER MAY BE STRICKEN;  and

(3)  Moving party to give notice to all interested parties and file POS regarding same.

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 cites “Defendant’s lack of response or cooperation,” which has caused “an irreparable breakdown in the attorney-client relationship” (MC-052, ¶ 2.) 

Counsel served the moving papers on opposing counsel electronically on February 6, 2023. (See Proof of Service.)  Counsel states she has been unable to confirm that Defendant’s mailing address is current, despite attempting to call the client by telephone.  (Form MC-052 ¶ 3.) Moreover, recent attempts to communicate with the client by mail and email have been unsuccessful. Defendant’s last known business address is 6991 E. Ironwood Drive, Paradise Valley, AZ 85253. While moving counsel highlights numerous attempts to communicate with Defendant, it does not appear that the moving papers have been served on any address believed to belong to Defendant. (See Proof of Service.)  

There is no opposition to this motion. “Good cause” has been adequately demonstrated by Counsel.  In addition, there is no obvious prejudice to Defendant if counsel is relieved at this time. Trial in this matter is not set until July 8, 2024, allowing Defendant ample time to retain new counsel.

Accordingly, Counsel’s motion to be relieved is CONDITIONALLY GRANTED, as stated above.

Dated:   April 19, 2023 ___________________________________

Randolph M. Hammock

Judge of the Superior Court