Judge Ronald F. Frank, Case Number: 23TRCV04092, Date: 2024-05-13 Tentative Ruling

Judge: Ronald F. Frank, Case: 23TRCV04092, Date: 2024-05-13 Tentative Ruling

Case Number: 23TRCV04092 Hearing Date: May 13, 2024 Dept: 8

Tentative Ruling¿¿

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HEARING DATE: May 13, 2024

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CASE NUMBER: 23TRCV04092

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CASE NAME: Blue Nile Properties LLC. v. Ronnie Cann Duah, et al.

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ATTORNEY NAME: Plaintiff, Blue Nile Properties LLC & Ermias Hagos’s attorney, John B. Barriage

TRIAL DATE: Not Set.

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

Tentative Rulings: (1) GRANTED.

I. Background

On December 12, 2023, Plaintiff, Blue Nile Properties, LLC (“Plaintiff”) filed a Complaint against Defendant, Ronnie Cann Duah and all other Adult Occupants in Possession, and DOES 1 through 10. The Complaint is based on an alleged unlawful detainer.

On March 13, 2024, Plaintiff’s attorney, John B. Barriage (“Barriage”) filed a Motion to be Relieved as Counsel for Plaintiff, Blue Nile Properties, LLC, citing irretrievable communication breakdown between attorney and client.

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, Barriage, moves the Court to relieve him as attorney of record for Plaintiff. Barriage 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 March 13, 2024, all forms for the pending motion were served on Plaintiff by mail. Barriage further notes that he has confirmed the client’s address is current within the past thirty (30) days by the company’s current address on March 13, 2024 determined by conformation with California Secretary of State website. Further, on March 13, 2024, proof of service for said documents were filed with the Court.

In the declaration Barriage notes that this motion is made on the grounds that he and his client have an irretrievable break down of the attorney-client relationship.

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 John B. Barriage as attorney of record for Plaintiff, can be accomplished without undue prejudice to its interests.

III. Conclusion & Order

For the foregoing reasons, John B. Barriage’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.