Judge: Robert B. Broadbelt, Case: 23STCV17628, Date: 2024-07-02 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: 23STCV17628    Hearing Date: July 2, 2024    Dept: 53

Superior Court of California

County of Los Angeles – Central District

Department 53

MOVING PARTIES:              Kevin A. Lipeles and Thomas H. Schelley of Lipeles Law Group, APC                   

RESPONDING PARTY:       Unopposed

Motion to be Relieved as Counsel for Plaintiffs

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

DISCUSSION

Kevin A. Lipeles and Thomas H. Schelly of Lipeles Law Group, APC (“Plaintiffs’ Counsel”) move to be relieved as counsel for plaintiffs Jessica Figueroa and Jesus Cruz (“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 served Plaintiffs with the moving papers by mail, return receipt requested, at Plaintiffs’ last known addresses, and that Plaintiffs’ Counsel has been unable to locate more current addresses after making reasonable efforts to do so within 30 days before filing this motion.  (Amended MC-052, ¶ 3, subds. (a)(2), (b)(1)(a), (b)(2)(a), (b)(2)(b), (b)(2)(e); Amended MC-052, Ex. 1 [return to sender]; Cal. Rules of Ct., rule 3.1362, subd. (d)(1)(B).)  The court also 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).  (Amended MC-052, ¶ 2.)

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

Kevin A. Lipeles and Thomas H. Schelly of Lipeles Law Group, APC will be relieved as counsel of record for plaintiffs Jessica Figuero and Jesus Cruz 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 Kevin A. Lipeles and Thomas H. Schelly of Lipeles Law Group, APC to give notice of this ruling and the signed “Order Granting Attorney’s Motion to be Relieved as Counsel – Civil” to plaintiffs Jessica Figueroa and Jesus Cruz.

IT IS SO ORDERED.

DATED:  July 2, 2024

_____________________________

Robert B. Broadbelt III

Judge of the Superior Court