Judge: Ronald F. Frank, Case: 24TRCV00038, Date: 2024-03-01 Tentative Ruling
Case Number: 24TRCV00038 Hearing Date: March 1, 2024 Dept: 8
Tentative Ruling¿¿
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HEARING DATE: March 1, 2024
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CASE NUMBER: 24TRCV00038
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CASE NAME: Sabrina Hicks v.
Real Estate Connection, et al.
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ATTORNEY NAME: Plaintiff, Sabrina Hicks’ attorney, Daniel
D. Geoulla
TRIAL DATE: Not
Set.
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MOTION:¿ (1) Motion to be Relieved as Counsel
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Tentative Rulings: (1) Motion to be Relieved as Counsel is GRANTED.
I.
Background
On
January 5, 2024, Plaintiff, Sabrina Hicks (“Plaintiff”) filed a Complaint
against Defendants, Real Estate Connection, Real Estate Connection, Inc., Real
Estate Connection Property Management, R.E.C. Development, Inc, Equity
Holdings, LLC, The Sunrise, and DOES 1 through 100. The Complaint alleges
causes of action for: (1) Premises Liability; (2) General Negligence; (3)
Breach of Implied Warranty of Habitability; and (4) Breach of Statutory
Warranty of Habitability – Code of Civil Procedure § 1941, et seq.
On
February 7, 2024, Plaintiff’s counsel, Daniel D. Geoulla, Esq. (“Geoulla”)
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, Plaintiff’s counsel, Geoulla, moves the Court
to relieve him as attorney of record for Plaintiff. Geoulla 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 February 7, 2024, all forms for
the pending motion were served on Plaintiff by mail. Geoulla notes that Plaintiff’s last
known address has been confirmed by conducting a Trans Union Skip Trace. On February
7, 2024, proof of service for said documents were filed with the Court.
In the declaration Geoulla notes that “the basis of
[his] motion is irreconcilable differences and a breakdown in communication
between t[the] attorney and 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 Daniel D. Geoulla as attorney of record for Plaintiff
can be accomplished without undue prejudice to the Plaintiff’s interests.
III.
Conclusion & Order
For the foregoing reasons, Daniel D. Geoulla’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 file proof of service of that notice.