Judge: Sarah J. Heidel, Case: 24NNCV02727, Date: 2025-02-06 Tentative Ruling

Case Number: 24NNCV02727    Hearing Date: February 6, 2025    Dept: V

SUPERIOR COURT OF CALIFORNIA
COUNTY OF LOS ANGELES – NORTHEAST DISTRICT

DEPARTMENT V

RAFAEL PEREIRA FELIX,

 Plaintiff,

 vs.

BROOK MARIE QUAN, et al.,

Defendants.

Case No.: 24NNCV02727
Hearing Date: February 6, 2025
Time: 8:30 a.m.

[TENTATIVE] ORDER RE: MOTION TO BE RELIEVED AS COUNSEL

MOVING PARTY: Counsel for plaintiff RAFAEL PEREIRA FELIX, Alex Valenzuela from Dordulian Law Group, APC
RESPONDING PARTY: Unopposed

The court considered the moving papers.

BACKGROUND

This is a premises liability action arising out of a dog bite. Plaintiff Rafael Pereira Felix filed the complaint against defendant Brook Marie Quan on July 5, 2024. Plaintiff alleges the following causes of action: (1) strict liability (pursuant to Civil Code section 3342); (2) negligence; and (3) premises liability.

Alex Valenzuela (Mr. Valenzuela) filed the motion on December 27, 2024. No opposition has been received.

LEGAL STANDARD

Code of Civil Procedure section 284(1) allows for a change or substitution of attorney “[u]pon the consent of both client and attorney, filed with the clerk, or entered upon the minutes.” If both parties do not consent to a substitution of attorney, Code of Civil Procedure section 284(2) allows for a substitution “[u]pon the order of the court, upon the application of either client or attorney, after notice from one to the other.” California Rules of Court Rule 3.1362 sets forth procedures for relieving counsel without the mutual consent of both parties.

 Under California Rule of Court Rule 3.1362, an attorney seeking to withdraw by motion rather than by consent of the client, as here, is required to make that motion using approved Judicial Council forms. The motion also requires a declaration stating “in general terms, and without compromising the confidentiality of the attorney-client relationship why a motion under Code of Civil Procedure section 284(2) is brought instead of filing a consent under Code of Civil Procedure section 284(1).” (Cal. Rules of Ct., Rule 3.1362(c).) Judicial Council form MC-052, the attorney’s declaration, requires that the client be provided no less than five days’ notice before hearing on the motion. A proposed order prepared on form MC-053 must also be lodged with the court with the moving papers.

California Rule of Court Rule 3.1362(d) also requires that the motion, notice of motion, the declaration, and the proposed order must be served on the client and all other parties who have appeared in the case.

DISCUSSION

Mr. Valenzuela moves to be relieved as counsel of record for plaintiff Rafael Pereira Felix. Mr. Valenzuela brings this motion under Code of Civil Procedure section 284(2) on the grounds that a situation has arisen with the attorney-client relationship that has made continued representation of the client unreasonably difficult and practically impossible. He states that he has sufficient basis to withdraw but such basis cannot be disclosed publicly and an in camera request would be needed. Mr. Valenzuela also states that efforts to secure a consensual withdrawal of representation have been attempted and unsuccessful. 

Mr. Valenzuela states that he has been unable to confirm that plaintiff’s address is current or to locate a more current address for plaintiff after calling plaintiff’s last known telephone number and attempting to reach the client via email. The proofs of service for the moving papers show Mr. Valenzuela served plaintiff via email which is sufficient. (Cal. Rules of Ct., rule 3.1362(d).)

Mr. Valenzuela noted that the next hearing on this matter was a Case Management Conference on January 15, 2025, which was continued to February 6, 2025.

Based on the foregoing, the court GRANTS the motion to be relieved as counsel

 Mr. Valenzuela is ordered to give notice of this ruling.