Judge: Randy Rhodes, Case: 21CHCV00366, Date: 2023-04-27 Tentative Ruling

Counsel wishing to submit on a tentative ruling may inform the clerk or courtroom assisant in North Valley Department F51, 9425 Penfield Ave., Chatsworth, CA 91311, at (818) 407-2251.  Please be aware that unless all parties submit, the matter will still be called for hearing and may be argued by any appearing/non-submitting parties. If the matter is submitted on the court's tentative ruling by all parties, counsel for moving party shall give notice of ruling. This may be done by incorporating verbatim the court's tentative ruling. The tentative ruling may be extracted verbatim by copying and specially pasting, as unformatted text, from the Los Angeles Superior Court’s website, http://www.lasuperiorcourt.org. All hearings on law and motion and other calendar matters are generally NOT transcribed by a court reporter unless one is provided by the party(ies).

Case Number: 21CHCV00366    Hearing Date: April 27, 2023    Dept: F51

Dept. F-51¿ 

Date: 4/27/23 

Case #21CHCV00366

MOTION TO BE RELIEVED AS COUNSEL

Motion filed: 2/9/23 

MOVING ATTORNEY: Peter Roble (“Counsel”)

CLIENT: Defendant Victor Marquez, an individual (“Defendant”) 

NOTICE: OK

RELIEF REQUESTED: An order relieving Counsel as attorney of record for Defendant. 

TENTATIVE RULING: The motion is continued. 

In a civil action, an attorney may move to be relieved as counsel at any time during the proceedings after giving notice to his client. (Code Civ. Proc. § 284.) The moving attorney shall file with his motion: (1) a notice of the motion, directed to the client using Judicial Council form MC-051; (2) a declaration in support of the motion using Judicial Council form MC-052; and (3) a proposed order granting the motion; all to be served on the client and all other parties who have appeared in the case. (Cal. Rules of Court, rule 3.1362.)

In his declaration, the moving attorney is required to state “in general terms, and without compromising the confidentiality of the attorney-client relationship why a motion under Code of Civil Procedure section 284(2) is brought instead of filing a consent under Code of Civil Procedure section 284(1).” (Id., subd. (c).) The client must be provided no less than five days’ notice before hearing on the motion. An attorney may withdraw from a case when it can be accomplished without undue prejudice to the client’s interests. (Ramirez v. Sturdevant (1994) 21 Cal.App.4th 904, 915.) On the other hand, if the attorney withdraws at a critical point in the action, thereby prejudicing his client, he has violated his ethical duties. (Ibid.)

Here, Counsel properly filed an accompanying notice of the motion using MC-051, a declaration in support of his motion using form MC-052, and a proposed order granting the motion. In his MC-052 declaration, Counsel cited a breakdown of the attorney-client relationship making it “impossible for attorney to represent this client.” (Decl. of Peter Roble, ¶ 2.) The next hearing in this action is a final status conference on 7/14/23, with non-jury trial set for 7/24/23. Therefore, Counsel’s withdrawal does not raise the risk of unduly prejudicing his client.

Counsel filed and served this motion to be relieved as counsel for Defendant on 2/9/23. However, while the accompanying proof of service shows that Counsel served plaintiff’s and co-defendant’s attorneys with the necessary documents by mail on 2/9/23, it does not show that Counsel served his client with the documents. (Cal. Rules of Court, rule 3.1362.)

Accordingly, Counsel’s motion to be relieved as counsel for defendant Victor Marquez is continued pending service on the client.