Judge: Ronald F. Frank, Case: 22TRCV00041, Date: 2023-02-10 Tentative Ruling

Case Number: 22TRCV00041    Hearing Date: February 10, 2023    Dept: 8

Tentative Ruling¿¿ 

¿¿¿ 

HEARING DATE:                 February 10, 2023 

¿¿¿ 

CASE NUMBER:                  22TRCV00041

¿¿¿ 

CASE NAME:                        Timena Jones v. Rebecca Puga, et al.

¿¿¿ ¿¿¿ 

TRIAL DATE:                        Not Set

¿¿¿ 

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

¿ 

Tentative Rulings:                  (1) GRANTED. 

I.                    Background  

On January 20, 2022, Plaintiff, Timena Jones, Nawell Papalii, a minor by and through his Guardian Ad Litem, Timena Jones, Vaialofi Papalii, a mino by and through her Guardian Ad Litem, Timena Jones, Mulan Luster, a minor by and though her Guardian Ad Litem, Timena Jones, Moana Luster, a minor by and through her Guardian Ad Litem, Timena Jones, and Manaia Luster, a Manaia Luster, a minor by and through her Guardian Ad Litem, Timena Jones (collectively “Plaintiffs”) filed a complaint against Rebecca Puga, Richard Puga, Felicia Vidro, as Trustee of the Rebecca C. Puga Family Trust UA 2/24/2; and DOES 1 through 20 inclusive. The Complaint alleged causes of action for: (1) Violation of Civil Code § 1942.4; (2) Statutory Breach of the Warranty of Habitability (Civil Code §§ 1941, 1941.1, and 1942.4); Tortious Breach of the Warranty of Habitability; (4) Private Nuisance; (5) Violation of Business & Professional Code § 17200, et seq.; (6) Negligence; (7) Breach of Covenant of Quiet Enjoyment; (8) Violation of Civil Code § 1942.5; (9) Intentional Infliction of Emotional Distress; and (10) Wrongful Eviction.

On January 4, 2023, Defendants Rebecca Puga and Falicia Virdo’s (“Defendants”) counsel, Ryan G. Block and Block, LLP (“Block”) filed the instant Motion to be Relieved as Counsel for Defendants. 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, Defendants’ counsel, Block, moves the Court to relieve him as attorney of record for Defendants. Block 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 4, 2023, all forms for the pending motion were served on Defendants and Plaintiff by email and phone call.  On January 4, 2023 proof of service for said documents was filed with the Court. 

In his declaration Block states that that “[t]he attorney-client relationship between Defendants and attorneys have irrevocably broken down so as to not allow attorneys to effectively prosecute the above matter. Said breakdown in the relationship is also related to the issue of payment of attorneys fees. Any further evidence may be subject to the attorney-client privilege and will be disclosed, if necessary, in camera.”

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 Block as attorney of record for Defendants can be accomplished without undue prejudice to the Defendants’ interests. 

III.              Conclusion & Order 

For the foregoing reasons, Block’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 is ordered to give notice.