Judge: Ronald F. Frank, Case: 23TRCV01805, Date: 2024-11-18 Tentative Ruling

Case Number: 23TRCV01805    Hearing Date: November 18, 2024    Dept: 8

Tentative Ruling 

HEARING DATE:                 November 18, 2024

CASE NUMBER:                  23TRCV01805

CASE NAME:                        Martin Garcia v. Jax Chandler Miranda, et al.   

ATTORNEY NAME:             Desiree S. Bassir, Esq., counsel of record for Plaintiff, Martin Garcia

TRIAL DATE:                        April 14, 2025

MOTION:                              (1) Motion to be Relieved as Counsel

Tentative Rulings:                  (1) GRANTED.

I.                    Background  

On June 7, 2023, Plaintiff, Martin Garcia (“Plaintiff”) filed a complaint against Defendants, Jax Chandler Miranda, Perfect Color Reconditioning, Inc., Tesla Motors, Inc., and DOES 1 through 100. The complaint alleges causes of action for: (1) Negligence; (2) Negligent Entrustment; and (3) Negligent Hiring, Supervision & Retention.  

On October 24, 2024, Plaintiff’s attorney, Desiree S. Bassir, Esq. (“Bassir”) filed a Motion to be Relieved as Counsel for Plaintiff.

Trial is currently set for April 14, 2025.

II.                 Legal Standard & Discussion  

Code of Civil Procedure section 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, Bassir, moves the court to relieve her as attorney of record for Plaintiff. Bassir properly filed a Notice of Motion, Motion to be Relieved as Counsel, Declaration, and Proposed Order in accordance with California Rules of Court, Rule 3.1362. Bassir’s declaration indicates that the Plaintiff was served by mail at the client’s last known address with copies of the motion papers served with the declaration. Bassir also attests that Plaintiff’s last known address has been confirmed within the past thirty (30) days via the telephone conversation with the Plaintiff.  While Bassir has not filed the proofs of service on her client, nor are they attached to the moving papers, paragraph 3a2 of the Judicial Council form Declaration of Counsel may serve as a proof of service since it attests to service of the motion papers on the client’s last known address.

In the declaration, Bassir states that the reason for her motion is that: “[t]he client has not yet voluntarily consented to counsel’s request to be relieved.” Later on in the declaration, Bassir contends, in paragraph 7, that “[t]here has been a breakdown of the attorney-client relationship precluding counsel’s ability to effectively represent the client in this matter.”

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 Desiree S. Bassir, Esq. as attorney of record for Plaintiff, can be accomplished without undue prejudice to Plaintiff’s interests.

III.              Conclusion & Order 

For the foregoing reasons, Desiree S. Bassir, Esq.’s Motion to Be Relieved As Counsel is GRANTED pending the filing of proofs of service, then 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 and to file proof of service of same.