Judge Ronald F. Frank, Case Number: 22TRCV01145, Date: 2024-12-03 Tentative Ruling

Judge: Ronald F. Frank, Case: 22TRCV01145, Date: 2024-12-03 Tentative Ruling

Case Number: 22TRCV01145 Hearing Date: December 3, 2024 Dept: 8

Tentative Ruling

HEARING DATE: December 3, 2024

CASE NUMBER: 22TRCV01145

CASE NAME: David Gonzalez v. Rathmor Services, et al.

ATTORNEY NAME: Michael A. Gould, Esq. and Aarin A. Zeif, Esq., counsels of record for Plaintiff, David Gonzalez

TRIAL DATE: Not Set.

MOTION: (1) Motion to be Relieved as Counsel

Tentative Rulings: (1) GRANTED.

I. Background

On November 7, 2022, Plaintiff, David Gonzalez (“Plaintiff”) filed a complaint against Defendants, Rathmor Services, and DOES 1 through 25. On October 2, 2023, Plaintiff filed a First Amended Complaint (“FAC”) alleging causes of action for: (1) Failure to Provide Meal and Rest Periods; (2) Failure to Pay Upon Termination or Quitting Employee; (3) Failure to Provide Correct Itemized Statement to Employee; (4) Unfair Business Practices; and (5) Claim for a Civil Penalty.

On November 1, 2024, Plaintiff’s attorneys, Michael A. Gould, Esq. and Aarin A. Zeif, Esq. (hereinafter “Gould” and “Zeif”) filed a Motion to be Relieved as Counsels for Plaintiff.

Trial has not been set.

II. Legal Standard & Discussion

Code of Civil Procedure section 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 attorney, Gould and Zeif, move the court to relieve them as attorneys of record for Plaintiff. Gould and Zeif properly filed a Notice of Motion, Motion to be Relieved as Counsel, Declaration, and Proposed Order in accordance with California Rules of Court, Rule 3.1362. Gould and Zeif’s declaration indicates that the Plaintiff was served by mail at the client’s last known address with copies of the motion papers served with the declaration. Gould and Zeif also attests that Plaintiff’s last known address has been confirmed within the past thirty (30) days via the telephone conversation with the Plaintiff.

In the declaration, Gould and Zeif state that the reason for their motion is that there has been a breakdown in the attorney-client relationship.

Since Plaintiff’s attorneys have complied with all procedural requirements in filing their 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 Michael A. Gould, Esq. and Aarin A. Zeif, Esq., as attorneys of record for Plaintiff, can be accomplished without undue prejudice to Plaintiff’s interests.

III. Conclusion & Order

For the foregoing reasons, Michael A. Gould, Esq. and Aarin A. Zeif, Esq.’s Motion to Be Relieved As Counsel is GRANTED. “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 attorneys are ordered to give notice.