Judge: Robert B. Broadbelt, Case: BC604336, Date: 2023-05-10 Tentative Ruling
Case Number: BC604336 Hearing Date: May 10, 2023 Dept: 53
Superior Court of California
County of Los Angeles – Central District
Department
53
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BC604336 |
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Hearing
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May
10, 2023 |
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[Tentative]
Order RE: motion to be relieved as counsel for
plaintiff |
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MOVING PARTIES: Matthew McNicholas and McNicholas
& McNicholas, 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
Matthew McNicholas and McNicholas & McNicholas, LLP (“Plaintiff’s
Counsel”) move to be relieved as counsel for plaintiff Kristine Klotz
(“Plaintiff”).
“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 by mail
at Plaintiff’s last known address, which Plaintiff’s Counsel has confirmed is
current within the past 30 days. The
court further finds that Plaintiff’s Counsel has shown sufficient reasons 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).
The court therefore grants Plaintiff’s Counsel’s motion to be relieved
as counsel.
Matthew McNicholas and McNicholas & McNicholas, LLP will be
relieved as counsel for plaintiff Kristine Klotz effecting 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 Matthew McNicholas and McNicholas & McNicholas,
LLP to give notice of this ruling and the “Order Granting Attorney’s Motion to
be Relieved as Counsel – Civil” to plaintiff Kristine Klotz and to all other
parties who have appeared in this action.
IT IS SO ORDERED.
DATED:
_____________________________
Robert
B. Broadbelt III
Judge
of the Superior Court