Jeffrey Ciallella v. Pelv-Ice, LLC, et al.

MOTION TO BE RELIEVED AS COUNSEL FOR DEFENDANTS

 

MOVING PARTY: James R. Felton (counsel for Defendants Pelv-Ice, LLC and Jill Bigelow

RESPONDING PARTY(S): None

STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS:

Plaintiff Jeffrey Ciallella alleges he entered into a written loan agreement with Defendants Pelv-Ice, LLC and Jill Bigelow, whereby Plaintiff loaned Defendants $100,000. Defendant agreed to repay the loan in six months with a lumpsum payment of $110,000. Plaintiff alleges Defendants breached the agreement. Plaintiff asserts causes of action for (1) breach of contract, (2) conversion, (3) unjust enrichment, (4) account stated, (5) intentional misrepresentation, and (6) negligent misrepresentation.

James R. Felton, counsel for Defendants, now moves to be relieved as counsel. No opposition was filed.  

TENTATIVE RULING:

Counsel’s Motion to be Relieved as Counsel for individual Defendant Jill Bigelow is GRANTED.

Counsel’s Motion to be Relieved as Counsel for Defendant Pelv-Ice, LLC is GRANTED on the condition that Counsel submit a new Order (MC-053) which indicates that the next hearing will be an OSC re; Striking of Answer on 3/3/25 at 8:30 a.m.  IF THE ENTITY DEFENDANT DOES NOT HAVE A NEW ATTORNEY OF RECORD BY THAT DATE, ITS ANSWER MAY BE STRICKEN.

Withdrawing 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 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 clients by mail on December 13, 2024. (See Proof of Service.)  Counsel has confirmed the clients’ addresses within the last 30-days by “email exchanges” with the clients. (Form MC-052 ¶ 3(b).)

In support of withdrawal, Counsel attests that there “has been a breakdown in the relationship between myself and my clients, rending continued representation by counsel, ineffective.” (Form MC-052, ¶ 2.)

Here, “good cause” has been adequately demonstrated by Counsel.  In addition, there is no obvious prejudice to the clients or any other party if counsel is relieved at this time. No trial date has been set in this matter. 

Counsel’s Motion to be Relieved as Counsel for individual Defendant Jill Bigelow is GRANTED.

Counsel’s Motion to be Relieved as Counsel for Defendant Pelv-Ice, LLC is CONDITIONALLY GRANTED.

IT IS SO ORDERED.

Dated:   January 15, 2025 ___________________________________