Judge Ronald F. Frank, Case 19TRCV00363 2023-02-27 Tentative Ruling

Judge: Ronald F. Frank, Case: 19TRCV00363, Date: 2023-02-27 Tentative Ruling

Case Number: 19TRCV00363 Hearing Date: February 27, 2023 Dept: 8

Tentative Ruling¿¿

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HEARING DATE: February 27, 2023

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CASE NUMBER: 19TRCV00363

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CASE NAME: Lesley Dunlap, et al. v. Kinsale Insurance Company, et al

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TRIAL DATE: Not Set

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MOTION:¿ (1) Motion to be Relieved as Counsel

Tentative Rulings: (1) Motion to be Relieved as Counsel is GRANTED, but moving counsel must expeditiously notify clients of pending motion to tax costs and looming deadline to appeal granting of MSJ

I. Background

On April 17, 2022, Lesley Dunlap and Amir Ettekal (“Plaintffs”) filed this action against Defendants, Kinsale Insurance Company and DOES 1 through 20. On January 30, 2023, Plaintiffs’ counsel, Fernald Law Group, APC filed the instant Motion to be Relieved as Counsel for Plaintiffs. No opposition was filed.

Trial is not yet set.

II. Legal Standard & Discussion

Code of Civil Procedure § 284 states that “the attorney in an action…may be changed at any time before or after judgment or final determination, as follows: (1) upon the consent of both client and attorney…; (2) upon the order of the court, upon the application of either client or attorney, after notice from one to the other.” (Code Civ. Proc. § 284; CRC 3.1362.) The withdrawal request may be denied if it would cause an injustice or undue delay in proceeding; but the court's discretion in this area is one to be exercised reasonably. (See Mandell v. Superior (1977) 67 Cal.App.3d 1, 4; Lempert¿v. Superior Court (2003) 112 Cal.App.4th 1161, 1173.)

In making a motion to be relieved as counsel, the attorney must comply with procedures set forth in Cal. Rules of Court 3.1362. The motion must be made using mandatory forms: Notice of Motion and Motion to be Relieved as Counsel directed to the client – Civil (MC-051); Declaration “stating in general terms and without compromising the confidentiality of the attorney-client relationship” reasons the motion was brought (MC-052); and a Proposed Order (MC-053). (Ibid.) The forms must be filed and served on all parties who have appeared in the case. (Ibid.)

Here, Plaintiffs’ counsel, Fernald Law Group, APC, moves the Court to relieve him as attorney of record for Plaintiffs. Fernald Law Group, APC properly filed a Notice of Motion, Motion to be Relieved as Counsel, Declaration, and Proposed Order in accordance with Cal. Rules of Court 3.1362. On January 30, 2023, all forms for the pending motion were served on Defendants and Plaintiff by email and phone call. On January 30, 2023 proof of service for said documents was filed with the Court.

In his declaration he notes that there has been a “[b]reakdown of the attorney-client relationship.”

Since Plaintiffs’ counsel has complied with all procedural requirements in filing a motion to be relieved as counsel and because the withdrawal would not cause an injustice or undue delay in proceedings, the Court finds that withdrawal of Fernald Law Group APC as attorney of record for Plaintiffs can be accomplished without undue prejudice to the Plaintiffs’ interests.

III. Conclusion & Order

For the foregoing reasons, Fernald Law Group, APC’s Motion to Be Relieved As Counsel is GRANTED and the Order will be signed at the hearing. “After the order is signed, a copy of the signed order must be served on the client and on all parties that have appeared in the case.” (Cal. Rules of Court, rule 3.1362(e).) The Order on this Motion will not be effective “until proof of service of a copy of the signed order on Plaintiff and Defendant has been filed with the court.” (Id.) Because there is a pending motion to tax costs, and because there is an imminent deadline for plaintiffs to appeal the Court’s granting of the defense motion for summary judgment, the granting of this motion is conditioned on counsel providing expedited notice directly to the plaintiffs themselves of those dates.

Moving counsel is ordered to give notice.