Judge: Serena R. Murillo, Case: 19STCV07180, Date: 2023-03-07 Tentative Ruling

Case Number: 19STCV07180    Hearing Date: March 7, 2023    Dept: 29

TENTATIVE 

The motion to be relieved as counsel for Plaintiff, Jennifer Godoy, is CONTINUED.

Legal Standard 

The court may order that an attorney be changed or substituted at any time before or after judgment or final determination upon request by either client or attorney and after notice from one to the other.   (Code of Civ. Proc., § 284(b).)  An attorney is permitted to withdraw where conflicts between the attorney and client make it unreasonable to continue the representation.  (See Cal. Rules of Prof. Conduct 3-700(C)(1).)  “The determination whether to grant or deny a motion to withdraw as counsel lies within the sound discretion of the trial court.” (Manfredi & Levine v. Superior Court (1998) 66 Cal.App.4th 1128, 1133.)   

An application to be relieved as counsel must be made on Judicial Counsel Form MC-051 (Notice of Motion and Motion) (Cal. Rules of Court, rule 3.1362(a)), MC-052 (Declaration) (Cal. Rules of Court, rule 3.136(c)), and MC-053 (Proposed Order) (Cal. Rules of Court, rule 3.1362(e)).   

Further, the requisite forms must be served on the client and all other parties who have appeared in the case.  (Cal. Rules of Court, rule 3.1362(d).)  The court may delay effective date of the order relieving counsel until proof of service of a copy of the signed order on the client has been filed with the court.  (Cal. Rules of Court, rule 3.1362(e).) 

Analysis

On February 14, 2023, the Court issued a nunc pro tunc order continuing the hearing on D. Hess Panah’s motion to be relieved as Plaintiff’s counsel, in order to allow counsel time to file a new declaration and proposed order containing the correct dates for the FSC and trial.

Since that hearing, Plaintiff's Counsel has filed a new Form MC-053 Proposed Order but no new Form MC-052 Declaration.

Therefore, Plaintiff’s counsel must file a new declaration in support of the motion to be relieved as counsel.

Moving party is ordered to give notice.