Judge: Ronald F. Frank, Case: 22TRCV01347, Date: 2024-04-10 Tentative Ruling

Case Number: 22TRCV01347    Hearing Date: April 10, 2024    Dept: 8

Tentative Ruling¿¿ 

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HEARING DATE:                 April 10, 2024

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CASE NUMBER:                   22TRCV01347

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CASE NAME:                        Yannick Sicot v. Sammy Saria, et al.

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ATTORNEY NAME:             Plaintiff, Yannick Sicot’s, attorney, Yoon S. Kim, The Barnes Firm, L.C.

TRIAL DATE:                        Not Set.

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

                                                (2) Case Management Conference

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

                                                (2) CMC to be continued to allow Plaintiff to find new counsel

I.                Background  

On November 28, 2022, Plaintiff, Yannick Sicot (“Plaintiff”) filed a Complaint against Defendant, Sammy Saria, and DOES 1 through 50. The Complaint alleges a cause of action Motor Vehicle. The Complaint is based on the allegations that Defendant Saria acted negligently at or near the intersection of W. Carson St. and Del Amo Cir., Torrence, CA 90503.

On February 20, 2024, Plaintiff, Yannick Sicot’s attorney, Yoon S. Kim from The Barnes Firm, L.C. (“Kim”) 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, Plaintiff’s counsel, Kim, moves the Court to relieve him as attorney of record for Plaintiff, Yannick Sicot. Kim 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 20, 2024, all forms for the pending motion were served on Plaintiff by mail. Additionally, the moving papers demonstrate that Kim has confirmed via telephone that Plaintiff’s address was current in the past thirty (30) days. Further, on February 20, 2024, proof of service for said documents were filed with the Court.

In the declaration Kim notes that this motion is made on the grounds that his client, Plaintiff, refuses to follow the advice of counsel, that there has been an irremediable breakdown of the attorney-client relationship, thereby rendering it unreasonably difficult, if not impossible, for Plaintiff’s counsel to continue with representation of Plaintiff.  

Since Plaintiff’s 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 Yoon S. Kim as attorney of record for Plaintiff, Yannick Sicot, can be accomplished without undue prejudice to his interests.

III.            Conclusion & Order 

For the foregoing reasons, Yoon S. Kim’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.