Judge: Robert B. Broadbelt, Case: 23STCV04151, Date: 2024-04-11 Tentative Ruling

Case Number: 23STCV04151    Hearing Date: April 11, 2024    Dept: 53

Superior Court of California

County of Los Angeles – Central District

Department 53

MOVING PARTY:                 John Andrew Wright 

RESPONDING PARTY:       Unopposed

(1)   Motion to be Relieved as Counsel for Defendant Mark Lovequist

(2)   Motion to be Relieved as Counsel for Defendant LTPW Developers, LLC

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

DISCUSSION

John Andrew Wright (“Defendants’ Counsel”) has filed two separate motions to be relieved as counsel for (1) defendant Mark Lovequist (“Lovequist”) and (2) defendant LTPW Developers, LLC (“LTPW”) (collectively, “Defendants”).  In the interest of efficiency, the court discusses Defendants’ Counsel’s two motions together.

“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 Defendants’ Counsel has served (1) defendant Lovequist with the moving papers filed in connection with this motion by mail, at Lovequist’s last known address, which Defendants’ Counsel has been unable to confirm is current after making reasonable efforts to do so, and (2) defendant LTPW with the moving papers filed in connection with this motion by mail, at LTPW’s last known address, which Defendants’ Counsel has been unable to confirm is current after making reasonable efforts to do so.  (MC-052 as to Lovequist, ¶ 3, subds. (a)(2), (b)(2)(b); MC-052 as to LTPW, ¶ 3, subds. (a)(2), (b)(2)(b).)  The court also finds that Defendants’ Counsel has shown sufficient reasons why the motions should be granted, and why counsel brought the motions under Code of Civil Procedure section 284, subdivision (2) instead of filing a consent as to each client under section 284, subdivision (1).  (MC-052 Forms, ¶ 2.)

However, Defendants’ Counsel has not shown that counsel served the moving papers filed in connection with each motion “on all other parties who have appeared in th[is] case” (i.e., plaintiff Sarah Lulloff), as required.  (Cal. Rules of Ct., rule 3.1362, subd. (d).)  Defendants’ Counsel has not filed a proof of service of the moving papers with the court, and the “Declaration in Support of Attorney’s Motion to be Relieved as Counsel – Civil” forms establish service only on Defendants.  (MC-052 Forms, ¶ 3.)

The court therefore exercises its discretion to continue the hearing on Defendants’ Counsel’s motions to be relieved as counsel for Defendants in order to give Defendants’ 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 John Andrew Wright’s motion to be relieved as counsel for defendant Mark Lovequist is continued to May 15, 2024, at 10:00 a.m., in Department 53.

The court orders that the hearing on John Andrew Wright’s motion to be relieved as counsel for defendant LTPW Developers, LLC is continued to May 15, 2024, at 10:00 a.m., in Department 53.

The court orders John Andrew Wright (1) to serve a notice of this ruling on defendants Mark Lovequist and LTPW Developers, LLC, 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 no later than April 16, 2024, and (2) to serve the papers filed in support of the pending motions 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 11, 2024

_____________________________

Robert B. Broadbelt III

Judge of the Superior Court