Judge: Robert B. Broadbelt, Case: 21STCV27118, Date: 2023-01-05 Tentative Ruling

Case Number: 21STCV27118    Hearing Date: January 5, 2023    Dept: 53

Superior Court of California

County of Los Angeles – Central District

Department 53

MOVING PARTIES:             Justin G. Schmidt and Emilio Law Group, APC

RESPONDING PARTY:       n/a

Motion to be Relieved as Counsel

The court considered the moving papers filed in connection with this motion.  No opposition papers were filed. 

DISCUSSION

Justin G. Schmidt and Emilio Law Group APC (“Defendant’s Counsel”) move to be relieved as counsel of record for defendant Noel Welding Center, Inc. (“Defendant”).

“The question of granting or denying an application of an attorney to withdraw as counsel (Code Civ. Proc., § 284, subd. 2) is one which lies within the sound discretion of the trial court ‘having in mind whether such withdrawal might work an injustice in the handling of the case.’”¿ (People v. Prince (1968) 268 Cal.App.2d 398, 406 [internal quotations omitted].)¿ The court should also consider whether the attorney’s “withdrawal can be accomplished without undue prejudice to the client’s interests.”¿ (Ramirez v. Sturdevant (1994) 21 Cal.App.4th 904, 915.)¿¿¿¿¿¿ 

For a motion to be relieved as counsel under Code of Civil Procedure 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 Code of Civil Procedure section 284, subdivision (2) is brought instead of filing a consent under Code of Civil Procedure section 284, subdivision (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)). 

The court finds that Defendant’s Counsel has served Defendant by mail at its last known address, which Defendant’s Counsel has confirmed within the past 30 days is current.  (MC-052, ¶ 3, subds. (a)(2), (b)(1)(b).)  The court finds that Defendant’s Counsel has shown sufficient reasons why the motion to be relieved as counsel should be granted, and why counsel has brought the motion under Code of Civil Procedure section 284, subdivision (2) instead of filing a consent under section 284, subdivision (1).  (MC-052 ¶ 2.)

The court therefore grants Defendant’s Counsel’s motion to be relieved as counsel for Defendant.

Justin G. Schmidt and Emilio Law Group, APC will be relieved as counsel of record for defendant Noel Welding Center, Inc. effective upon the filing of the proof of service of the signed “Order Granting Attorney’s Motion to be Relieved as Counsel—Civil” on the client.

The court orders Justin G. Schmidt and Emilio Law Group, APC to give notice of this ruling and the “Order Granting Attorney’s Motion to be Relieved as Counsel—Civil” to defendant Noel Welding Center, Inc., and to all other parties who have appeared in this action.

IT IS SO ORDERED.

DATED:  January 5, 2023

_____________________________

Robert B. Broadbelt III

Judge of the Superior Court