Judge Ronald F. Frank, Case Number: 23TRCV00059, Date: 2023-11-13 Tentative Ruling

Judge: Ronald F. Frank, Case: 23TRCV00059, Date: 2023-11-13 Tentative Ruling

Case Number: 23TRCV00059 Hearing Date: November 13, 2023 Dept: 8

Tentative Ruling¿¿

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HEARING DATE: November 13, 2023

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CASE NUMBER: 23TRCV00059

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CASE NAME: Angel Mejia c. Intaktics, Inc., et al.

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ATTORNEY NAME: Plaintiff, Angel Majia’s attorney, Emahn Counts, Esq.

TRIAL DATE: Not Set.

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MOTION:¿ (1) Motion to be Relieved as Counsel by plaintiff’s counsel

Tentative Rulings: (1) GRANTED.

I. Background

On January 6, 2023, Plaintiff, Angel Mejia (“Plaintiff”) filed a Complaint against Defendant, Intaktics, Inc, Alejandro Gomez, Casiano Gomez, and DOES 1 through 10. The Complaint alleges causes of action for: (1) Breach of Contract; (2) Fraud; and (3) Common Counts; Money Paid & Expended.

On October 13, 2023, Plaintiff’s attorney, Emahn Counts, Esq. (“Counts”) 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 counsels, Counts move the Court to relieve him as attorney of record for Plaintiff. Counts 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 October 13, 2023, all forms for the pending motion were served on Plaintiff by mail and the attorney notes they has confirmed by within the past 30 days that the address is current by conversation. On October 13, 2023 proof of service for said documents were filed with the Court.

In the declaration Counts notes that “[t]here has been an irrevocable breakdown in the attorney-client relationship.” Counts contends “[c]lient breached paragraphs 9 (invoices) and 9 (costs/expenses) of the agreement by failing to pay past due attorney fees and/or enter into an agreeable payment plan despite numerous requests.”

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

The Court will discuss the trial setting at the hearing.

III. Conclusion & Order

For the foregoing reasons, Emahn Counts, Esq.’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 part is ordered to give notice.