Judge Ronald F. Frank, Case Number: 23TRCV03788, Date: 2024-06-06 Tentative Ruling

Judge: Ronald F. Frank, Case: 23TRCV03788, Date: 2024-06-06 Tentative Ruling

Case Number: 23TRCV03788 Hearing Date: June 6, 2024 Dept: 8

Tentative Ruling¿¿

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HEARING DATE: June 6, 2024

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CASE NUMBER: 23TRCV03788

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CASE NAME: Rita Jacqueline Fisher, et al. v. Suzanne Haywood, et al.

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ATTORNEY NAME: Defendant, Lavie’s Construction, Inc.’s, attorney, Samuel C. Gazzo.

TRIAL DATE: Not Set.

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

Tentative Rulings: (1) GRANTED.

I. Background

On November 13, 2023, Plaintiffs, Rita Jacqueline Fisher, Jean Paulette Fisette, and Phil Rubideaux (collectively, “Plaintiffs”) filed a Complaint against Defendants, Suzanne Haywood, as trustee of the Suzanne Haywood Trust, Marilyn Orr, as trustee of the Orr Trust, Parkside Property Management, Lavie’s Construction, Inc., and DOES 1 through 20.

On May 7, 2024, Defendant, Lavie’s Constriction, Inc.’s (“Lavie”) attorney, Samuel C. Gazzo (“Gazzo”) filed 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, Lavie’s counsel, Gazzo, moves the Court to relieve him as attorney of record for Defendant, Lavie. Gazzo 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 May 7, 2024, all forms for the pending motion were served on Lavie by mail. Further, Gazzo notes that Lavie’s last known address has been confirmed within the past 30 days via e-mail. Further, on May 7, 2024, proof of service for said documents were filed with the Court.

In the declaration Gazzo notes that he has been instructed by Lavie Construction Inc.’s insurance carrier to withdraw as counsel. He also notes he is informed and believes Lavie has personal corporate counsel for this matter, although that potential replacement counsel has not been in contact with him as of the filing of the motion.

Since Lavie’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 Samuel C. Gazzo as attorney of record for Defendant, Lavie Construction, Inc., can be accomplished without undue prejudice to its interests.

III. Conclusion & Order

For the foregoing reasons, Samuel C. Gazzo’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 Mr. Gazzo is ordered to give notice, including notice that under California law a corporation cannot represent itself in litigation and thus must have an attorney to represent it going forward.