Judge: Robert B. Broadbelt, Case: 22STCV32397, Date: 2022-12-09 Tentative Ruling

Case Number: 22STCV32397    Hearing Date: December 9, 2022    Dept: 53

Superior Court of California

County of Los Angeles – Central District

Department 53

MOVING PARTY:                CDLG, PC—Tony Cara

RESPONDING PARTY:       Doris Speed

Motion to be Relieved as Counsel

The court considered the moving papers filed in connection with this motion and the “Declaration in Support of Substitution of Attorney” filed by plaintiff Doris Speed on November 7, 2022. 

DISCUSSION

CDLG, PC—Tony Cara (“Plaintiff’s Counsel”) moves to be relieved as counsel of record for plaintiff Doris Speed (“Plaintiff”).

The court notes that, after Plaintiff’s Counsel filed the pending motion to be relieved as counsel, Plaintiff filed two Substitution of Attorney—Civil forms (MC-050) with the court.  The first form, filed on November 7, 2022, attempts to substitute out Plaintiff’s Counsel so that Plaintiff may represent herself in pro per.  This form is signed only by Plaintiff.  The second form, filed on November 21, 2022, attempts to make the same substitution, but is signed only by Plaintiff’s Counsel.  Accordingly, there is no fully executed Substitution of Attorney—Civil form (MC-050) that is signed by both Plaintiff and Plaintiff’s Counsel.  The court therefore rules on Plaintiff’s Counsel’s motion to be relieved as 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 by mail at Plaintiff’s last known address, which Plaintiff’s Counsel has confirmed within the past 30 days is current.  (MC-052, ¶ 3, subds. (a)(2), (b)(1)(a).)  The court finds that Plaintiff’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).  Moreover, as set forth above, the court notes that Plaintiff has expressed her desire to relieve Plaintiff’s Counsel as her attorney by filing a signed Substitution of Attorney—Civil form on November 7, 2022. 

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

CDLG, PC—Tony Cara will be relieved as counsel of record for plaintiff Doris Speed, 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 CDLG, PC—Tony Cara to give notice of this ruling and the “Order Granting Attorney’s Motion to be Relieved as Counsel -- Civil” to plaintiff Doris Speed and to all other parties who have appeared in this action.

IT IS SO ORDERED.

DATED:  December 9, 2022

_____________________________

Robert B. Broadbelt III

Judge of the Superior Court