Judge: Salvatore Sirna, Case: 22PSCV00018, Date: 2023-01-03 Tentative Ruling

Case Number: 22PSCV00018    Hearing Date: January 3, 2023    Dept: G

Defendants’ Counsel Thomas F. Nowland and Daniel A. Brodnax’s Motion To Be Relieved as Counsel for Defendant DB West Construction, Inc.

Respondent: NO OPPOSITION

Defendants’ Counsel Thomas F. Nowland and Daniel A. Brodnax’s Motion To Be Relieved as Counsel for Defendant Daniel Baughman

Respondent: NO OPPOSITION

TENTATIVE RULING

Defendants’ Counsel Thomas F. Nowland and Daniel A. Brodnax’s Motion To Be Relieved as Counsel for Defendant DB West Construction, Inc. is GRANTED.

Defendants’ Counsel Thomas F. Nowland and Daniel A. Brodnax’s Motion To Be Relieved as Counsel for Defendant Daniel Baughman is GRANTED.

BACKGROUND

This is a breach of contract and fraud action. On June 21, 2021, Plaintiff Leslie Roberts entered into an agreement with DB West Construction, Inc. and Daniel Baughman (collectively, Defendants) in which Defendants agreed to perform construction and renovation work on Plaintiff’s residence in Covina. Plaintiff alleges various defects, life safety issues, and code violations because of Defendants’ work, resulting in Plaintiff having to hire a different contractor and incur damages in excess of $64,000.

On January 10, 2022, Plaintiff filed a complaint against Defendants and Does 1-20, alleging the following: (1) breach of contract, (2) negligent construction, (3) intentional misrepresentation, (4) negligence supervision of construction, and (5) negligence. On May 19, Plaintiff filed a First Amended Complaint (FAC) against the same defendants, only alleging (1) breach of contract and (2) intentional misrepresentation. On October 12, Plaintiff filed a Second Amended Complaint (SAC) against the same defendants alleging the same causes of action.

On November 15, 2022, Defendants’ counsel filed the present motions. A hearing on the motions is set for January 3, 2023. A case management conference is also set for January 24.   

ANALYSIS

Defendants’ counsel seeks to be relieved as counsel on the grounds that Defendants are in breach of retainer agreement and are consistently uncooperative with counsel. The court grants the requests.

Code of Civil Procedure section 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; Cal. Rules of Court 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 Court (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 by Rule 3.1362 of the California Rules of Court, including submitting a notice of motion and motion to be relieved as counsel, a declaration, and proposed order. The forms must be timely filed and served on all parties who have appeared in the case. If these documents are served on the client by mail, there must be a declaration stating either that the address where client was served is “the current residence or business address of the client” or “the last known residence or business address of the client and the attorney has been unable to locate a more current address after making reasonable efforts to do so within 30 days before the filing of the motion to be relieved.”  (Cal. Rules of Court 3.1362, subd. (d)(1).) 

Here, Defendants’ counsel has timely submitted the required forms. According to counsel’s declaration, Defendants have breached the parties’ retainer agreement and are uncooperative with counsel. Thus, Defendants’ counsel has established good cause to be relieved as counsel.

Accordingly, the court GRANTS the motions by Defendants’ counsel.

CONCLUSION

Based on the foregoing, the motions to be relieved as counsel are GRANTED.