Judge Ronald F. Frank, Case Number: 23TRCV02534, Date: 2024-01-04 Tentative Ruling

Judge: Ronald F. Frank, Case: 23TRCV02534, Date: 2024-01-04 Tentative Ruling

Case Number: 23TRCV02534 Hearing Date: January 4, 2024 Dept: 8

Tentative Ruling¿¿

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HEARING DATE: January 4, 2024

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CASE NUMBER: 23TRCV02534

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CASE NAME: Tylyn Chapel v. APK Investments LLC, et al.

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ATTORNEY NAME: Plaintiff, Tylyn Chapel’s attorney of record, Erik Harper

TRIAL DATE: Not Set.

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

Tentative Rulings: (1) GRANTED.

I. Background

On August 3, 2023, Plaintiff, Tylyn Chapel (“Plaintiff”) filed a Complaint against Defendant, APK Investments LLC, Ramesh Patel, William Thurmond, and DOES 1 through 50. The Complaint alleges causes of action for: (1) Negligence; and (2) Premises Liability.

On December 4, 2023, Plaintiff’s counsel, Erik Harper (“Harper”) of Morgan & Morgan filed a Motion to be Relieved as Counsel. Thereafter, APK filed its Answer.

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, Harper, moves the Court to relieve him as attorney of record for Plaintiff. Harper 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 December 4, 2023, all forms for the pending motion were served on Plaintiff by mail. However, Plaintiff’s counsel, Harper, has not indicated whether he has confirmed with Plaintiff within the past thirty (30) days that the address is current. On December 4, 2023 proof of service for said documents were filed with the Court.

In the declaration Harper notes that “Communication between attorney and client [has] been broken down to the point where the attorney is unable to effectively represent the client.”

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 Erik Harper as attorney of record for Plaintiff can be accomplished without undue prejudice to the Plaintiff’s interests. However, the Court would like Plaintiff’s attorney to ensure the Court that the address in which mail was sent to of Plaintiff is current.

III. Conclusion & Order

For the foregoing reasons, Erik Harper’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 counsel is ordered to give notice and to include Plaintiff’s contact information so the Court and defendant can communicate directly to the soon-to-be self-represented plaintiff.