Judge: Robert B. Broadbelt, Case: 22STCV38586, Date: 2024-04-09 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: 22STCV38586    Hearing Date: April 9, 2024    Dept: 53

Superior Court of California

County of Los Angeles – Central District

Department 53

MOVING PARTIES:             Sarah Kissel Meier and Slater, Slater, Schulman, LLP

RESPONDING PARTY:       Unopposed

Motion to be Relieved as Counsel for Plaintiff

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

DISCUSSION

Sarah Kissel Meier and Slater, Slater, Schulman, LLP (“Plaintiff’s Counsel”) move to be relieved as counsel for plaintiff R.H. (“Plaintiff”) in this action.

“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 the moving papers 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)(b); Proof of Service, FL-335, ¶¶ 3, 4.)  However, Plaintiff’s Counsel has not shown that they served the moving papers “on all other parties who have appeared in th[is] case” (i.e., defendant Optimist Youth Homes & Family Services), as required.  (Cal. Rules of Ct., rule 3.1362, subd. (d).)  Instead, the proof of service and supporting declaration state only that Plaintiff was served with the moving papers.  (MC-052, ¶ 3, subds. (a)(2), (b)(1)(b); Proof of Service, FL-335, ¶¶ 3, 4.)

The court therefore exercises its discretion to continue the hearing on Plaintiff’s Counsel’s motion to be relieved as counsel in order to give Plaintiff’s Counsel an opportunity to serve the moving papers on all other parties who have appeared in this action.  

The court orders that the hearing on Sarah Kissel Meier and Slater, Slater, Schulman, LLP’s motion to be relieved as counsel for plaintiff R.H. is continued to May 15, 2024, at 10:00 a.m., in Department 53.

The court orders Sarah Kissel Meier and Slater, Slater, Schulman, LLP (1) to serve a notice of this ruling on plaintiff R.H. and all other parties who have appeared in this action, and to file a proof of service of the notice of ruling with the court, and (2) to serve the papers filed in support of the pending motion to be relieved as counsel on all of the parties who have appeared in this action, and to file a proof of service with the court no later than April 16, 2024.

IT IS SO ORDERED.

DATED:  April 9, 2024

_____________________________

Robert B. Broadbelt III

Judge of the Superior Court