Judge: Ronald F. Frank, Case: 21STCV07919, Date: 2023-03-17 Tentative Ruling

Case Number: 21STCV07919    Hearing Date: March 17, 2023    Dept: 8

Tentative Ruling¿¿ 

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HEARING DATE:                 March 17, 2023 

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CASE NUMBER:                   21STCV07919 (BC700634)

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CASE NAME:                        Jesse Franklin Esphorst v. Kwan Cheung, et al

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TRIAL DATE:                       August 1, 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 March 1, 2021, Plaintiffs, Jesse Franklin Esphorst, an individual, and as successor-in-interest to The Estate of Jesse Eric Esphorst, deceased (Plaintiff”) filed this action against Defendants, Tung Ming, Kwan Cheung, Teddyland, LLC, and DOES 1 through 50. On February 2, 2024, Defendants, Tung Ming and Kwan Cheung’s counsel, Robert S. Altagen, Esq. (“Altagen”) filed the instant Motion to be Relieved as Counsel for Defendants. No opposition was filed.

Trial is set for August 1, 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, Defendants’ counsel, Altagen, moves the Court to relieve him as attorney of record for Defendant. Altagen 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 February 2, 2023, all forms for the pending motion were served on Defendants and Plaintiff by email and phone call.  On February 2, 2023 proof of service for said documents was filed with the Court. 

In his declaration he notes that “The specific facts which give rise to this motion are confidential and required to be kept confidential pursuant to Business Professions Code Section 6068(e), rule 1.6, California Rules of Professional Conduct, and by attorney -client privilege (Evidence Code Section 950, et seq.).” He further noted that in the event that this Court desires further information to ascertain good faith basis for this motion and for withdrawal, he requested that an in camera hearing outside the presence of all parties so that the specific facts demonstrating good cause for this withdrawal may be demonstrated to the Court.

Since Defendants’ 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 Robert S. Altagen as attorney of record for Defendants can be accomplished without undue prejudice to the Defendants’ interests. 

III.            Conclusion & Order 

For the foregoing reasons, Robert S. Altagen’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 counsel Mr. Altagen is ordered to give notice.