Jannie Watson v. Tharon Riverside, LLC, et al.

MOVING PARTY: Stephen M. Garcia and Garcia & Artigliere (as counsel for Plaintiff Jannie Watson, by and through her Guardian ad Litem, Kawonia Bernstine

RESPONDING PARTY(S): None

STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS:

Plaintiff Jannie Watson, by and through her Guardian ad Litem, Kawonia Bernstine, brings this action against Defendants Tharon Riverside, LLC, Arlington I Senior Care, LLC, and Riverside CA I Senior Holdings, LLC. Plaintiff alleges Defendants committed Elder Abuse and Negligence through their care for Plaintiff while a resident at a senior care facility owned, operated, or managed by Defendants.

Stephen M. Garcia and Garcia & Artigliere now move to be relieved as counsel for Plaintiff. No opposition was filed.

TENTATIVE RULING:

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

An OSC re: Striking and Dismissal of Complaint is set for 5/3/24 at 8:30 a.m.  Plaintiff Bernstein (as the GAL for Jannie Watson) must have a new attorney of record by that date.

Moving parties are 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 and opposing counsel by email on March 1, 2024. (See 03/01/2024 Proof of Service.)  Counsel confirmed the client’s address by phone call. (Form MC-052 ¶ 3.)

In support of withdrawal, counsel cites “irreconcilable differences” such that “the Rules of Professional Conducts prohibit the continuation of the attorney-client relationship.” (MC-052, ¶ 2.) 

Based on the foregoing, “good cause” has been adequately demonstrated by Counsel.

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

Moving parties are ordered to give notice.

IT IS SO ORDERED.

Dated:  April 02, 2024 ___________________________________