Judge: Robert B. Broadbelt, Case: 22STCV32948, Date: 2023-02-28 Tentative Ruling

Case Number: 22STCV32948    Hearing Date: February 28, 2023    Dept: 53

Superior Court of California

County of Los Angeles – Central District

Department 53

MOVING PARTIES:              Law Offices of Nicholas A. Siciliano and Nicholas Siciliano         

RESPONDING PARTY:       Unopposed

Motion to be Relieved as Counsel for Plaintiffs

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

DISCUSSION

Law Offices of Nicholas A. Siciliano and Nicholas Siciliano (“Plaintiffs’ Counsel”) move to be relieved as counsel for plaintiffs David Blank and Michael Blank, Trustees of the Blank Family Trust (“Plaintiffs”).

“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 Plaintiffs’ Counsel has personally served Plaintiffs with copies of the moving papers and proposed order.  (MC-052 ¶ 3, subd. (a)(1); Proof of Service filed February 2, 2023, p. 2.)  The court further finds that Plaintiffs’ Counsel has shown sufficient reasons why the motion 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 Plaintiffs’ Counsel’s motion to be relieved as counsel for Plaintiffs.

The court, however, notes that the proposed “Order Granting Attorney’s Motion to be Relieved as Counsel—Civil,” which Plaintiffs’ Counsel lodged with the court on February 2, 2023, is incomplete, because Plaintiffs’ Counsel did not provide Plaintiffs’ current or last known telephone number(s) in section 6.  The court will require Plaintiffs’ Counsel to provide Plaintiffs’ current or last known telephone number(s) to the court at the hearing on this motion.

Law Offices of Nicholas A. Siciliano and Nicholas Siciliano will be relieved as counsel of record for plaintiffs David Blank and Michael Blank, Trustees of the Blank Family Trust, 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 clients.

The court orders Law Offices of Nicholas A. Siciliano and Nicholas Siciliano to give notice of this ruling and the “Order Granting Attorney’s Motion to be Relieved as Counsel – Civil” to plaintiffs David Blank and Michael Blank, Trustees of the Blank Family Trust, and to all other parties who have appeared in this action.  

IT IS SO ORDERED.

DATED:  February 28, 2023

_____________________________

Robert B. Broadbelt III

Judge of the Superior Court