Judge: Ronald F. Frank, Case: 22TRCV01344, Date: 2023-12-20 Tentative Ruling

Case Number: 22TRCV01344    Hearing Date: December 20, 2023    Dept: 8

Tentative Ruling¿¿ 

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HEARING DATE:                 December 20, 2023 

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CASE NUMBER:                   22TRCV01344

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CASE NAME:                        Nadia Battle v. Costco Wholesale Corporation dba Costco Business Center, et al.

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ATTORNEY NAME:             Plaintiff, Nadia Battle’s attorneys, The Capital Law Firm.

TRIAL DATE:                       Not Set.

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

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Tentative Rulings:                  (1) DISCUSS.  Counsel’s declaration states he has NOT been able to confirm the client’s last known address.  That affects a critical element of a motion to withdraw, which is notifying the client.   

I.                Background  

on November 28, 2022, Plaintiff, Nadia Battle (“Plaintiff”) filed a Complaint against Defendant, Costco Wholesale Corporation dba Costco Business Center, et al., and DOES q through 20. The Complaint alleges causes of action for: (1) Premises Liability; and (2) General Negligence

On November 28, 2023, Plaintiff’s counsel, The Capital Law Firm 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.) While the instants motion was not made by using the approved forms, the substance of those forms is contained in the moving papers.  However, the Capital Law Firm’s Motion papers state that counsel had NOT been able to confirm the client’s last known address.  The Court would like to discuss steps taken ton attempt to verify the address that the Defendant and the Court would use to give Plaintiff notice of future proceedings if current counsel is eventually granted leave to withdraw.  Tentatively, the Court would continue the hearing pending better confirmation of a service address for Plaintiff going forward.