Rufino Garcia v. Duo Property Management, LLC

MOTION TO BE RELIEVED AS COUNSEL FOR PLAINTIFF RUFINO GARCIA

 

MOVING PARTY: K. Kevin Levian (counsel for Plaintiff Rufino Garcia)

RESPONDING PARTY(S): None

STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS:

Plaintiff Rufino Garcia brings this action against Defendant Duo Property Management, LLC. Plaintiff alleges that Defendant terminated his employment after he sustained an injury at work. Plaintiff asserts causes of action for (1) wrongful termination in violation of public policy, (2) disability discrimination, (3) failure to prevent discrimination, and (4) unfair business practices.

Defendant’s default was entered on October 20, 2023. On October 25, 2023, this court set an OSC Re: entry of default judgment. Over the coming months, Plaintiff failed to present a declaration establishing his damages to support a default judgment. Plaintiff’s counsel, K. Kevin Levian, has indicated to the court in previous hearings that he has lost contact with Plaintiff.  

K. Kevin Levian now moves to be relieved as counsel for Plaintiff Rufino Garcia.  No opposition was filed.

TENTATIVE RULING:

Counsel’s Motion to be Relieved as Counsel is GRANTED.

Moving counsel is ordered to give notice.  The Plaintiff must be advised in the Order that if he fails to appear at the upcoming hearing date of 8/26/24, 8:30 am., his case will be dismissed without prejudice.

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 undue 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 Plaintiff by mail at 4350 Alla Road, Los Angeles, CA 90066, and by email at rgarcia@ucla.edu. (See Proof of Service.) Counsel has been unable to confirm that the email or mail addresses are current. (See MC-052, ¶ 3.)

In support of withdrawal, Counsel attests that there has been “Attorney-Client communication issues on several occasions with Plaintiff Rufino Garcia,” and that “[i]t is to the benefit of the Plaintiff Rufino Garcia to have counsel with the same beliefs.” (MC-052 ¶ 2.)

Here, there is no opposition to the motion, and there is no evidence of any undue prejudice to Plaintiff if Counsel is relieved at this time. 

Accordingly, Counsel’s Motion to be Relieved as Counsel is GRANTED.  

Moving counsel is ordered to give notice.

IT IS SO ORDERED.

Dated:   July 18, 2024 ___________________________________