Judge: Robert S. Draper, Case: 19STCV13773, Date: 2022-08-29 Tentative Ruling

Case Number: 19STCV13773    Hearing Date: August 29, 2022    Dept: 78

Superior Court of California 

County of Los Angeles 

Department 78 

Attorney Anthony Willoughby’s Motion to be Relieved as Counsel is GRANTED.  

FACTUAL BACKGROUND 

This is an action for negligence. The Complaint alleges that Defendant Lee Heung Mo (“Defendant”) negligently crashed his vehicle into Plaintiff Miriam Casique’s (“Casique”) vehicle, causing damage to Casique’s vehicle, to Casique, and to her passengers. (Compl. at p. 5.)

PROCEDURAL HISTORY 

On April 19, 2019, Plaintiffs filed the Complaint asserting a single cause of action for Negligence.

On May 14, 2020, the Court granted Casique’s Application for Appointment of Guardian Ad Litem as to Plaintiff Kevin Huerta.

On May 28, 2020, the Court granted Casique’s Application for Appointment of Guardian Ad Litem as to Plaintiff Dylan Alcantara.

On June 21, 2021, Attorney Anthony Willoughby (“Willoughby”) filed Motions to Be Relieved as Counsel as to Plaintiffs Huerta, Alcantara, Morales, and Casique.

On July 20, 2021, the Court denied Willoughby’s Motion to be Relieved as Counsel as to Casique, finding that Willoughby failed to file a Proof of Service.

On August 9, 2021, Willoughby filed Proofs of Service as to Plaintiffs Huerta, Morales, and Alcantara.

On August 10, 2021, the Court granted Willoughby’s Motion to be Relieved as Counsel as to Morales.

On August 11, 2021, the Court granted Willoughby’s Motion to be Relieved as Counsel as to Huerta.

On August 12, 2021, the Court granted Willoughby’s Motion to be Relieved as Counsel as to Alcantara.

On April 13, 2022, Willoughby filed the instant Motion to be Relieved as Counsel as to Casique.

Also on April 13, 2022, Willoughby filed Proof of Service as to the instant motion.

No Opposition has been filed.

DISCUSSION 

Willoughby moves the Court to be relieved as counsel for Plaintiff Miriam Casique. 

California Rule of Court rule 3.1362 (Motion to Be Relieved as Counsel) requires (1) notice of motion and motion to be 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(2) is brought instead of filing a consent under Code of Civil Procedure section 284(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 and declaration 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 has discretion to allow an attorney to withdraw, and such a motion should be granted provided that there is no prejudice to the client and it does not disrupt the orderly process of justice.  (Ramirez v. Sturdevant (1994) 21 Cal.App.4th 904, 915.) 

In his Declaration, Willoughby asserts that he has not spoken with Plaintiffs since March 26, 2021, resulting in a complete breakdown of the attorney client relationship. (Willoughby Decl. ¶ 12.) Additionally, Willoughby notes that he served Casique with a copy of the instant motion well in advance of the hearing so that she can reach out, should she so choose. (Id. ¶ 16.)

The Court finds that there exists good cause for Willoughby to be relieved as counsel. Additionally, because trial is not scheduled until August 15, 2023, the Court finds there will be no prejudice to either party and Willoughby’s removal will not disrupt the orderly administration of justice.

Finally, Willoughby complied with rule 3.1362 by filing a notice of motion and motion on form MC-051, a declaration stating why the instant motion is being brought instead of a consensual motion, proof of service by mail, and the proposed order relieving counsel on form MC-053.

Accordingly, Attorney Anthony Willoughby’s Motion to be Relieved a Counsel for Plaintiff Miriam Casique is GRANTED. Willoughby is relieved as counsel of record effective upon filing the Proof of Service of this ruling and the order of the Court.

DATED: August 29, 2022 

____________________________

Hon. Robert S. Draper

Judge of the Superior Court