Judge: Ronald F. Frank, Case: 23TRCV02029, Date: 2024-07-10 Tentative Ruling

Case Number: 23TRCV02029    Hearing Date: July 10, 2024    Dept: 8

Tentative Ruling 

HEARING DATE:                 June 10, 2024 

CASE NUMBER:                  23TRCV02029

CASE NAME:                        Dwight Darnell Haynes, Jr. v. Call-The-Car, et al.

TRIAL DATE:                        Not Set.

MOTION:                             (1) Motion to be Relieved as Counsel

Tentative Rulings:                  (1) GRANTED. 

I.                    Background  

On June 22, 2023, Plaintiff, Dwight Darnell Haynes, Jr. (“Plaintiff”) filed a Complaint against Defendant, Call-The-Car, and DOES 1 through 25. The Complaint alleges causes of action for: (1) General Negligence; and (2) Medical Malpractice. Plaintiff alleges that he is a wheelchair-bound individual who was at his residence when the defendants came to pick him up in order to transport him to the hospital. Plaintiff contends that he was being carried by the defendants on their stretcher when Defendants negligently dropped the Plaintiff from the stretcher and the Plaintiff landed on a hard concrete floor sustaining injuries.  

Now, Samuel Ogbogu, Counsel for Plaintiff, Dwight Darnell Haynes, Jr. files 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, Samuel Ogbogu (“Ogbogu”), moves the Court to relieve him as attorney of record for Plaintiff. Ogbogu 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 June 5, 2024, all forms for the pending motion were served on Plaintiff’s last known address via mail. Ogbogu contends that the client’s last known address was confirmed within the past 30 days via conversation. On June 5, 2024 proof of service for said documents was filed with the Court. 

In his declaration, Ogbogu notes that he has filed this motion as a result of irreconcilable differences.  

Since Plaintiff’s counsel 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, Samuel Ogbogu, as attorney of record for Plaintiff can be accomplished without undue prejudice to the Plaintiff’s interests. 

III.              Conclusion & Order 

For the foregoing reasons, Samuel Ogbogu’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.