David Martinez, et al. v. Marinelly Melendez

MOTION TO BE RELIEVED AS COUNSEL FOR PLAINTIFFS DAVID MARTINEZ AND JUANA DEL CARMEN MARTINEZ

 

MOVING PARTY: Attorney Julio Soto-Kim (counsel for Plaintiffs David Martinez and Juana del Carmen Martinez)

RESPONDING PARTY(S): None

STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS:

Plaintiffs David Martinez and Juana del Carmen Martinez, husband and wife, seek quiet title to a property jointly possessed by Plaintiffs and Plaintiff’s David Martinez’s sister, Defendant Marinelly Melendez.

Attorney Julio Soto-Kim now moves to be relieved as counsel for Plaintiffs. No opposition was filed.

TENTATIVE RULING:

Counsel’s Motions to be Relieved as Counsel for Plaintiffs David Martinez and Juana del Carmen Martinez are GRANTED.  

Moving 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 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 as to each Plaintiff on July 17, 2024.  Counsel attests to have served the moving papers on the clients by mail and email, with the addresses confirmed by telephone in the last 30-days. (See MC-052, ¶ 3.) 

Plaintiff David Martinez has passed away. (MC-052, ¶ 2; see also 05/08/2024 Notice of Death of Plaintiff David Martinez.)

As to Plaintiff Juana del Carmen Martinez, counsel cites “an irreparable breakdown of [the] attorney-client relationship” that makes it “impossible for attorney to represent this client.” (MC-052, ¶ 2.)

There is no opposition to the motion. Here, there is no evidence Plaintiff will be unduly prejudiced by the granting of this motion. 

Accordingly, Counsel’s Motions to be Relieved as Counsel for Plaintiffs are GRANTED.  

Moving counsel is ordered to give notice.

IT IS SO ORDERED.

Dated:   August 15, 2024 ___________________________________