Judge: Randy Rhodes, Case: 21CHCV00420, Date: 2022-12-20 Tentative Ruling

Case Number: 21CHCV00420    Hearing Date: December 20, 2022    Dept: F51

Dept. F-51 

Date: 12/20/22 

Case #21CHCV00420

MOTION TO BE RELIEVED AS COUNSEL

Motion filed: 11/18/22

MOVING ATTORNEY: David Campbell Smith

CLIENT: Defendant DRNK Coffee and Tea, LLC

NOTICE: OK

RELIEF REQUESTED: An order relieving David Campbell Smith as counsel for defendant DRNK Coffee and Tea, LLC.

TENTATIVE RULING: The motion is GRANTED.

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.) If the notice is served on the client by mail, the motion must also be supported by a declaration “stating facts showing that either: (A) The service address is the current residence or business address of the client; or (B) The service address is the last known residence or business address of the client and the attorney has been unable to locate a more current address after making reasonable efforts to do so within 30 days before the filing of the motion to be relieved..” (Id., subd. (d)(1).)

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, defendants’ attorney David Campbell Smith filed and served this motion to be relieved as counsel for DRNK Coffee and Tea, LLC on 11/18/22. Counsel served his client by mail, and has filed a declaration stating that the client’s mailing address was verified by conversation. (Decl. of David Campbell Smith, ¶ 3b.) Counsel also filed a proof of service showing that the requisite documents were served on the clients and Plaintiff’s attorneys on 11/18/22.

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 irreconcilable differences between himself and the client, and that he is unable to contact the client. (Smith Decl., ¶ 2.) The next hearing in this action is a final status conference scheduled for 3/17/23. Therefore, counsel’s withdrawal does not raise the risk of unduly prejudicing his client.

Accordingly, the statutory requirements for the motion have been satisfied, and counsel’s motion to be relieved as counsel for defendant DRNK Coffee and Tea, LLC is GRANTED.

Dept. F-51 

Date: 12/20/22 

Case #21CHCV00420

MOTION TO BE RELIEVED AS COUNSEL

Motion filed: 11/18/22

MOVING ATTORNEY: David Campbell Smith

CLIENTS: Defendants Sophia Sharp-Donaldson and TAYRO, LLC

NOTICE: OK

RELIEF REQUESTED: An order relieving David Campbell Smith as counsel for defendants Sophia Sharp-Donaldson and TAYRO, LLC.

TENTATIVE RULING: The motion is GRANTED.

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.) If the notice is served on the client by mail, the motion must also be supported by a declaration “stating facts showing that either: (A) The service address is the current residence or business address of the client; or (B) The service address is the last known residence or business address of the client and the attorney has been unable to locate a more current address after making reasonable efforts to do so within 30 days before the filing of the motion to be relieved..” (Id., subd. (d)(1).)

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, defendants’ attorney David Campbell Smith filed and served this motion to be relieved as counsel for Sophia Sharp-Donaldson and TAYRO, LLC on 11/18/22. Counsel served Defendants by mail, and has filed a declaration stating that the clients’ mailing address was verified by conversation. (Decl. of David Campbell Smith, ¶ 3b.) Counsel also filed a proof of service showing that the requisite documents were served on the clients and Plaintiff’s attorneys on 11/18/22.

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 irreconcilable differences between himself and the clients, and that he is unable to contact the clients. (Smith Decl., ¶ 2.) The next hearing in this action is a final status conference scheduled for 3/17/23. Therefore, counsel’s withdrawal does not raise the risk of unduly prejudicing his clients.

Accordingly, the statutory requirements for the motion have been satisfied, and counsel’s motion to be relieved as counsel for defendants Sophia Sharp-Donaldson and TAYRO, LLC is GRANTED.