Judge Robert B. Broadbelt, Case Number: 22STCV02037, Date: 2025-01-09 Tentative Ruling

Judge: Robert B. Broadbelt, Case: 22STCV02037, Date: 2025-01-09 Tentative Ruling

(1) Motion to be Relieved as Counsel for Defendant Diversified Staffing Services, Inc.

(2) Motion to be Relieved as Counsel for Cross-Defendant Diversified Staffing Services, Inc.

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

Thomas D. Sands (“Counsel”) separately moves to be relieved as counsel for Diversified Staffing Services, Inc. (“Diversified Staffing”) in its capacity as (1) defendant and (2) cross-defendant. In the interest of efficiency, the court discusses Counsel’s two motions together.

“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)).¿¿¿¿

First, Counsel has not filed a proof of service of the motions on Diversified Staffing as required. (Cal. Rules of Ct., rule 3.1300, subd. (c) [“Proof of service of the moving papers must be filed no later than five court days before the time appointed for the hearing”].) While the court acknowledges that Counsel has stated, in his supporting declarations, that Counsel served Diversified Staffing with the moving papers filed in connection with each motion, Counsel did not file a proof of service showing the date and address of service, such that the court cannot verify that Diversified Staffing was given sufficient notice of the hearing on these motions. (MC-052 as to Def. Diversified, ¶ 3, subd. (a)(2); MC-052 as to Cross-Def. Diversified, ¶ 3, subd. (a)(2).)

Second, Counsel did not file a proof of service establishing that Counsel served the pending motions on all other parties who have appeared in the action as required. (Cal. Rules of Ct., rule 3.1362, subd. (d) [the notice of motion, motion, declaration, and proposed order “must be served on the client and on all other parties who have appeared in the case”].)

Third, Counsel has not shown that Counsel gave Diversified Staffing and all other parties who have appeared in the action notice of the continued hearing date on the pending motions.

Counsel filed these motions on August 14, 2024, for a hearing date of December 4, 2024. (MC-051 as to Def. Diversified, p. 1; MC-051 as to Cross-Def. Diversified, p. 1.) On November 22, 2024, the court issued a “Notice re Continuance of Hearing and Order,” in which the court (1) notified Counsel that the hearing on the two motions to be relieved as counsel for Diversified Staffing was continued from December 4, 2024 to January 9, 2025, and (2) ordered Counsel to give notice of the continuance and to file a proof of service of the notice of continuance with the court. (Nov. 22, 2024 Notice re Continuance, pp. 1 [notice], 2 [Cert. of Mailing on Counsel].) Counsel did not file a proof of service of the notice of continuance with the court.[1]

Thus, Counsel has not shown that he has given Diversified Staffing notice of the continued hearing date on the motions to be relieved as its counsel. The court finds that it is appropriate, and therefore exercises its discretion, to continue the hearing on the pending motions to ensure that Diversified Staffing, and all other parties who have appeared in this action, receive notice of the hearing date on the motions to be relieved as counsel for Diversified Staffing.

The court orders that the hearing on Thomas D. Sands’s (1) motion to be relieved as counsel for defendant Diversified Staffing Services, Inc., and (2) motion to be relieved as counsel for cross-defendant Diversified Staffing Services, Inc. is continued to February 14, 2025, at 10:00 a.m., in Department 53.

The court orders Thomas D. Sands (1) to serve the moving papers filed in connection with this motion on all parties who have appeared in this action, and to file a proof of such service with the court no later than January 16, 2025, and (2) to give notice of this ruling to Diversified Staffing Services, Inc. and to all other parties who have appeared in this action, and to file a proof of service of the notice of ruling with the court no later than January 16, 2025.

[1] The court notes that, on December 2, 2024, Counsel filed a document entitled “Notice of Continued Hearings.” (Dec. 2, 2024 Notice.) However, that notice informed counsel for plaintiff Carlos Duarte only of the continuance of the trial and final status conference. (Dec. 2, 2024 Notice, p. 1:18-21 [continuance of trial], 1:22-25 [continuance of final status conference].) The notice (1) did not state the continued hearing date on the pending motions to be relieved as counsel, and (2) was not served on Diversified Staffing. (Ibid.; Id. at pp. 3-4 [proof of service].)

carlos duarte ; Plaintiff, vs. marquez brothers enterprises, inc. , et al.; Defendants.	Case No.:	22STCV02037

	Hearing Date:	January 9, 2025

	Time:	10:00 a.m.

	[tentative] Order RE: (1) motion to be relieved as counsel for defendant diversified staffing services, inc. (2) motion to be relieved as counsel for cross-defendant diversified staffing services, inc.