Deborah Furbush, et al. v. Wagner Strand, LLC

MOTION TO BE RELIEVED AS COUNSEL

 

MOVING PARTY: Friedman & Chapman, LLP (as counsel for Plaintiff Andre Butler)

RESPONDING PARTY(S): None

STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS:

This is a breach of habitability action. Plaintiffs Deborah Furbush, Andrew Butler, and Adonis Brown, by and through his guardian ad litem, allege they are tenants of an apartment building in Inglewood owned or managed by Defendant Wagner Strand, LLC. Plaintiffs allege the property displays various habitability issues, including lack of hot water, mold and mildew, and rodent infestations, among other things.

Friedman & Chapman, LLP, now moves to be relieved as counsel for Plaintiff Andre Butler. The motion is unopposed. 

TENTATIVE RULING:

Counsel’s motion to be relieved is GRANTED.

Moving counsel is ordered to give notice.

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-053, and a declaration from counsel Geoffrey A. Bowen.   Counsel served the moving papers on the client by mail email at his last known address. 

In his declaration, counsel attests that Mr. Butler “has become unresponsive” despite repeated attempts to reach him by telephone, text, email, and regular mail. (Bowen Decl. ¶¶ 2, 3.) Counsel believes Mr. Butler “may now be unhoused and experiencing homelessness.” (Id. ¶ 2.) The current lack of contact makes it impossible for counsel to provide discovery responses on Mr. Butler’s behalf. (Id. ¶ 5.) 

There is no opposition to this motion. Based on the circumstances, “good cause” for withdrawal has been adequately demonstrated by moving counsel.  

Accordingly, Counsel’s motion to be relieved is GRANTED.

Moving counsel is ordered to give notice.

IT IS SO ORDERED.

Dated:   April 15, 2024 ___________________________________