Judge: Robert B. Broadbelt, Case: 22STCV26004, Date: 2023-08-03 Tentative Ruling

Case Number: 22STCV26004    Hearing Date: September 8, 2023    Dept: 53

Superior Court of California

County of Los Angeles – Central District

Department 53

MOVING PARTY:                 Attorney Eric Hahn   

RESPONDING PARTY:       Defendant Department of Motor Vehicles

Motion to be Relieved as Counsel for Plaintiff

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

DISCUSSION

Eric Hahn (“Plaintiff’s Counsel”) moves the court to be relieved as counsel for plaintiff Ana Gomez (“Plaintiff”).  Defendant Department of Motor Vehicles (“Defendant”) opposes the motion, contending that, if the court grants Plaintiff’s Counsel’s motion, Defendant will have insufficient time to take Plaintiff’s deposition and draft its motion for summary judgment by November 15, 2023.  Thus, Defendant requests that the court deny Plaintiff’s Counsel’s motion until Plaintiff retains alternative counsel.

“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 Plaintiff’s Counsel has served Plaintiff with (1) the moving papers by mail at the client’s last known address, which Plaintiff’s Counsel has confirmed within the past 30 days is current, and (2) the notice of ruling, which states that the hearing on this motion was continued to September 8, 2023, by email.  (MC-052, ¶ 3, subds. (a)(2), (b)(1)(d); Aug. 8, 2023 Notice of Ruling, Proof of Service.)  The court also finds that Plaintiff’s Counsel has shown sufficient reasons why counsel should be relieved 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.)  Further, the court finds that Defendant has not shown sufficient reasons to support its request that the court deny Plaintiff’s Counsel’s motion.

The court therefore grants Plaintiff’s Counsel’s motion.

The court, however, notes that the proposed “Order Granting Attorney’s Motion to be Relieved as Counsel – Civil” appears to include a typographical error, because it states that “Lucas Rowe” is the moving attorney, but Eric Hahn is the attorney that filed this motion.  (MC-053, ¶ 1 [stating that it is the “motion of” Lucas Rowe]; MC-051, ¶ 1 [stating that Eric Hahn is the withdrawing attorney].)  The court will modify the proposed “Order Granting Attorney’s Motion to be Relieved as Counsel – Civil” to reflect that the moving attorney is Eric Hahn.  The court also notes that the proposed “Order Granting Attorney’s Motion to be Relieved as Counsel – Civil” is incomplete, because it does not state Plaintiff’s current or last known telephone number in section 6.  The court will require Plaintiff’s Counsel to provide Plaintiff’s current or last known telephone number at the hearing on this motion.

Eric Hahn will be relieved as counsel for plaintiff Ana Gomez 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 Eric Hahn to give notice of this ruling and the signed “Order Granting Attorney’s Motion to be Relieved as Counsel – Civil” on plaintiff Ana Gomez and to all other parties who have appeared in this action.

IT IS SO ORDERED.

DATED:  September 8, 2023

_____________________________

Robert B. Broadbelt III

Judge of the Superior Court