Judge: Ronald F. Frank, Case: 22TRCV00923, Date: 2024-03-05 Tentative Ruling

Case Number: 22TRCV00923    Hearing Date: March 5, 2024    Dept: 8

Tentative Ruling 

HEARING DATE:                 March 5, 2024

CASE NUMBER:                  22TRCV00923

CASE NAME:                        Pedro Flores, et al. v. Kadiatu Bangura, et al.  

ATTORNEY NAME:             Plaintiffs, Alberto Flores and Romario Avalos’, attorney, Alan S. Turlington

TRIAL DATE:                        October 28, 2024

MOTION:                              (1) Motion to be Relieved as Counsel

Tentative Rulings:                  (1) GRANTED. 

I.                    Background  

On October 12, 2022, Plaintiff, Pedro Flores, Alberto Flores, and Romario Avalos, filed a Complaint against Defendant, Kadiatu Bangura and DOES 1 through 50. The Complaint alleges causes of action for: (1) Motor Vehicle Negligence; and (2) General Negligence.

On February 8, 2024, Plaintiffs, Romario Avalos and Alberto Flores, counsel of record, Alan S. Turlington (“Turlington”) filed a Motion to be Relieved as Counsel.

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, Romario Avalos and Alberto Flores counsel, Turlington, moves the Court to relieve him as attorney of record for Plaintiffs, Romario Avalos and Alberto Flores. Turlington 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 8, 2024, all forms for the pending motion were served on Plaintiffs Romario Avalos and Alberto Flores by mail. Turlington notes that Plaintiff, Romario Avalos’ last known address has been confirmed by telephone and by the client confirming that his electronic service address is the client’s current electronic service address within the past thirty 30 days. Further, additional service by regular U.S. mail is to the client’s last known mailing address as confirmed by skip trace conducted in the last 30 days. Turlington also noted that Plaintiff, Alberto Flores’ last known address by the same means as above. Further, on February 8, 2024, proof of service for said documents were filed with the Court. 

In the declaration Turlington notes that “irreconcilable differences have arisen between client and attorney due to a disabling conflict, which involves privileged client communications, prohibiting the attorney from continuing to carry out the representation without breaching ethical duties.”

Since Plaintiffs, Romario Alavos and Alberto Flores’ attorney 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 Alan S. Turlington as attorney of record for Plaintiffs, Romario Alavos and Alberto Flores can be accomplished without undue prejudice to their interests.

III.              Conclusion & Order 

For the foregoing reasons, Alan S. Turlington’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.