Judge: Ronald F. Frank, Case: 20TRCV00928, Date: 2023-01-19 Tentative Ruling
Case Number: 20TRCV00928 Hearing Date: January 19, 2023 Dept: 8
Tentative Ruling¿¿
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HEARING DATE: January 19, 2023
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CASE NUMBER: 20TRCV00928
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CASE NAME: Lance Mugleston, et al v. Blinkbar, et al
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TRIAL DATE: July 17, 2023
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MOTION:¿ (1) Motion to be Relieved as Counsel
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Tentative Rulings: (1) Motion to be Relieved as Counsel is GRANTED.
I. Background
On December 16, 2020, Plaintiffs, Lance Mugleston, The Muglestons, a Partnership dba Muggs Construction (“Plaintiffs”). On August 10, 2021, Plaintiffs filed a First Amended Complaint alleging causes of action for: (1) Breach of Written Contract; (2) Services Rendered; (3) Account Stated; (4) Open Book Account; (5) Reasonable Value; (6) Breach of Oral Contract; (7) Services Rendered; (8) Account Stated; (9) Open Book Account; and (10) Reasonable Value.
On January 5, 2023, Plaintiffs’ counsel, James R. Wakefield, Wakefield & Associates (“Wakefield”) filed the instant Motion to be Relieved as Counsel for Plaintiffs (“Motion”). No opposition was filed. The supporting declaration indicates the client was served by email.
Trial is set for July 7, 2023.
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, Wakefield moves the Court to relieve him as attorney of record for Plaintiff. Wakefield 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 5, 2023, all forms for the pending motion were served on Plaintiff and Defendants by mail. On January 5, 2023, proof of service for said documents was filed with the Court.
In his declaration he states that “certain disputes have arisen between Lance Mugleston/The Muglestons dba Muggs Construction and Wakefield & Associates (“W&A”) primarily concerning the continued unwillingness and failure of Lance Mugleston/The Muglestons dba Muggs Construction to communicate with W&A. This unwillingness and failure to communicate with James Wakefield of W&A make it impossible for W&A to continue to adequately represent Lance Mugleston/The Muglestons dba Muggs Construction’s interests in this matter.”
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 Wakefield as attorney of record for Plaintiffs can be accomplished without undue prejudice to the Plaintiffs’ interests.
III. Conclusion & Order
For the foregoing reasons, Wakefield’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.)
Moving party is ordered to give notice.