Judge Ronald F. Frank, Case Number: 23TRCV03567, Date: 2024-01-16 Tentative Ruling

Background

On October 25, 2023, Plaintiff, Mary Elizabeth Hall, Trustee of the Mary Elizabeth Hall Family Trust filed a Complaint against Defendant, Belinda Beets, and DOES 1 through 10. The Complaint arises out of alleged unpaid rent by Defendant.

On December 21, 2023, Plaintiff’s counsel, Dennis P. Block & Associates (“Block”), filed the instant Motion to be Relieved as Counsel for Defendant (“Motion”).¿ No opposition was filed.¿On December 29, 2023, Plaintiff’s attorney attempted to bring an ex parte application to advance the hearing on this motion, but this was denied.

The Court also takes note that trial is a mere two weeks away as of the hearing date of this motion.

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, Block, moves the Court to relieve him as attorney of record for Plaintiff. Block 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 21, 2023, all forms for the pending motion were served on Plaintiff and Defendants by mail. On December 21, 2022, proof of service for said documents was filed with the Court. Block confirmed that within the past 30 days he has confirmed the address was current via telephone.

In his declaration he states that “[t]he attorney-client relationship between plaintiff and attorneys has irrevocably broken down so as to not allow attorneys to effectively prosecute the above matter.”

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

Conclusion & Order

For the foregoing reasons, Dennis P. Block & Associate’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.)