Judge: Robert B. Broadbelt, Case: 22STCV33238, Date: 2023-12-21 Tentative Ruling

Tentative rulings are sometimes, but not always, posted. The purpose of posting a tentative ruling is to to help focus the argument. The posting of a tentative ruling is not an invitation for the filing of additional papers shortly before the hearing.

Case Number: 22STCV33238    Hearing Date: February 13, 2024    Dept: 53

Superior Court of California

County of Los Angeles – Central District

Department 53

MOVING PARTIES:             Albert Chang and Law Offices of Albert Chang

RESPONDING PARTY:       Unopposed

Motion to be Relieved as Counsel for Defendant Jack Cummins

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

DISCUSSION

Albert Chang and Law Offices of Albert Chang (“Defendant’s Counsel”) move to be relieved as counsel for defendant Jack Cummins (“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 (1) with the moving papers filed in connection with this motion at Defendant’s last known address, and Defendant’s Counsel was unable to confirm that the address is current or locate a more current address after making reasonable efforts to do so, and (2) with a notice of the court’s January 8, 2024 ruling continuing the hearing on this motion to February 13, 2024.  (MC-052, ¶ 3, subds. (a)(2), (b)(2), (c); Jan. 11, 2024 Notice of Ruling, pp. 7-8 [proof of service].)  The court also finds that Defendant’s 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 Defendant’s Counsel’s motion to be relieved as counsel for Defendant.

Albert Chang and Law Offices of Albert Chang will be relieved as counsel of record for defendant Jack Cummins 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 Albert Chang and Law Offices of Albert Chang to give notice of this ruling and the signed “Order Granting Attorney’s Motion to be Relieved as Counsel – Civil” to defendant Jack Cummins and to all other parties who have appeared in this action.

IT IS SO ORDERED.

DATED:  February 13, 2024

_____________________________

Robert B. Broadbelt III

Judge of the Superior Court