Judge Ronald F. Frank, Case 22TRCV00444 2023-03-20 Tentative Ruling

Judge: Ronald F. Frank, Case: 22TRCV00444, Date: 2023-03-20 Tentative Ruling

Case Number: 22TRCV00444 Hearing Date: March 20, 2023 Dept: 8

Tentative Ruling¿¿

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HEARING DATE: March 20, 2023

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CASE NUMBER: 22TRCV00444

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CASE NAME: William Tyler Horn, Trustee of The William Tyler Horn Revocable Trust Dated May 18, 2009 v. Reverse Mortgage Solutions, Inc.; Bank of America, N.A.; American Home Mortgage Servicing, Inc.; and DOES 1-10

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TRIAL DATE: November 13, 2023

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

Tentative Rulings: (1) Motion to be Relieved as Counsel is GRANTED.

I. Background

On June 7, 2022, Plaintiff, William Tyler Horn, Trustee of The William Tyler Horn Revocable Trust Dated May 18, 2009, (“Plaitntiff”) filed this action against Defendants, Reverse Mortgage Solutions, Inc.; Bank of America, N.A.; American Home Mortgage Servicing, Inc.; and DOES 1-10 (“Defendants”). On February 14, 2023, Plaintiff’s counsel, CDLG, PC – Tony Cara (“Cara”) filed the instant Motion to be Relieved as Counsel for Plaintiffs. No opposition was filed.

Trial is set for November 13, 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, Plaintiff’s counsel, Cara, moves the Court to relieve him as attorney of record for Plaintiff. Cara 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 14, 2023, all forms for the pending motion were served on Defendants and Plaintiff. On February 14, 2023 proof of service for said documents was filed with the Court.

In his declaration he notes that the “Attorney client relationship has been compromised and a withdrawal of representation is necessary under California Rules of Professional Conduct §§ 3-700(C)(d) and 3-700(C)(f).

Since Plaintiff’s 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 Cara as attorney of record for Plaintiff can be accomplished without undue prejudice to the Plantiff’s interests.

III. Conclusion & Order

For the foregoing reasons, Tony Cara’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.