Judge: Ronald F. Frank, Case: 22TRCV01264, Date: 2023-07-10 Tentative Ruling

Case Number: 22TRCV01264    Hearing Date: July 10, 2023    Dept: 8

Tentative Ruling¿¿ 

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HEARING DATE:                 July 10, 2023 

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CASE NUMBER:                   22TRCV01264

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CASE NAME:                        Allied Erosion Specialist, Inc. v. G3 Urban dba Urban Framing, et al.

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TRIAL DATE:                       None Set.

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

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Tentative Rulings:                  (1) GRANTED. 

I.                Background  

On November 17, 2022, Plaintiff, Allied Erosion Specialist, Inc. (“Plaintiff”) filed a Complaint against Defendants, G3 Urban dba Urban Framing, Rosecrans Place, LLC, American Contractors Indemnity Company, and Does 1 through 15(“Defendant”). The Complaint alleges causes of action for: (1) Foreclosure of Mechanics Lien; (2) Breach or Oral Contract; (3) Services Rendered; (4) Account Stated; (5) Open Book Account; (6) Reasonable Value; and (7) Contractors State License Bond.

            On June 5, 2023, Plaintiff’s attorney, James R. Wakefield (“Wakefield”) filed a Motion to be Relieved as Counsels for Plaintiff. To date, no opposition has been filed.

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 of record, Wakefield, moves the Court to relieve him as attorney of record for Plaintiff. Wakefield 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 June 5, 2023, all forms for the pending motion were served on Plaintiff at Client’s last known address. On June 5, 2023 proof of service for said documents was filed with the Court. 

In his declaration, he asserts that his client has not responded to his due diligent communications including multiple emails and phone calls regarding issuance of a settlement check, a material term of the attorney-client retainer agreement. He also notes that the client has made it unreasonably difficult for him to carry out the representation effectively, and if this court were to desire further information, he requests the Court have an in-camera hearing.  The Court discussed these circumstances at a brief case management conference on June 16, 2023 and directed Mr. Wakefield to notify his client that if the Court were to grant the motion to withdraw, Allied Erosion would need to secure new counsel because a corporation cannot represent itself in court in California without a lawyer.  Mr. Wakefield has filed a notice of ruling complying with the Court’s directive. 

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 James R. Wakefield as attorney of record for Plaintiff can be accomplished without undue prejudice to the Plaintiff’s interests. 

III.            Conclusion & Order 

For the foregoing reasons, the 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.)   Mr. Wakefield must ensure that a name and contact information for Allied Erosion are provided to all other parties once he is no longer counsel of record.

Moving party is ordered to give notice.