Judge: Ronald F. Frank, Case: 23TRCV00712, Date: 2024-09-20 Tentative Ruling
Case Number: 23TRCV00712 Hearing Date: September 20, 2024 Dept: 8
Tentative Ruling
HEARING DATE: September 20, 2024
CASE NUMBER: 23TRCV00712
CASE NAME: Edwin Castanon v. Alpa Brown, et al.
ATTORNEY NAME: Timothy M. Ghobrial, Esq./Downtown LA Law Group, counsel of record for Plaintiff, Edwin Castanon.
TRIAL DATE: Not Set.
MOTION: (1) Motion to be Relieved as Counsel
Tentative Rulings: (1) GRANTED.
I. Background
On March 9, 2023, Plaintiff, Edwin Castanon (“Plaintiff”) filed a complaint against Defendants, Alpa Brown, and DOES 1 through 50. The complaint alleges causes of action for: (1) Motor Vehicle Negligence; and (2) General Negligence.
On July 8, 2024, Plaintiff’s attorney, Timothy M. Ghobrial, Esq. and Downtown LA Law Group (“Ghobrial”) filed a Motion to be Relieved as Counsel for Plaintiff.
Currently, trial has not yet been set.
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 attorney, Ghobrial, moves the Court to relieve him as attorney of record for Plaintiff. Ghobrial 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 July 8, 2024, all forms for the pending motion were served on Plaintiff via mail at the Plaintiff’s last known address. However, Ghobrial indicates that he has been unable to confirm that the address is current or to locate a more current address for the client after making the following efforts: (1) calling the client’s last known telephone number or numbers; (2) professional investigative skip trace search service which produced three addresses, all of which were served with notice via Ghobrial.
In the declaration, Ghobrial notes that: “[a] breakdown in the attorney client relationship has arisen pertaining to the case, which at this point, appears irreconcilable.”
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 Timothy M. Ghobrial, Esq and Downtown LA Law Group as attorneys of record for Plaintiff, can be accomplished without undue prejudice to his interest.
III. Conclusion & Order
For the foregoing reasons, Timothy M. Ghobrial, Esq and Downtown LA Law Group’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.