Judge: Steven A. Ellis, Case: 20STCV48407, Date: 2023-12-06 Tentative Ruling

Case Number: 20STCV48407    Hearing Date: March 19, 2024    Dept: 29

Motion to be Relieved as Counsel, filed by Plaintiff’s Counsel Lawrence Levy.

Tentative

The motion is denied without prejudice.

Background

On December 18, 2020, Pedro Gaona (“Plaintiff”) filed a complaint against Ayush Pandey, Enterprise Rent-A-Car, Company, EAN Holding, and Does 1 to 25 for motor vehicle negligence and general negligence causes of action arising from an automobile accident occurring on December 29, 2018.

On February 15, 2024, counsel Lawrence Levy (“Counsel”) filed this motion to be relieved as counsel as to Plaintiff. No opposition has been filed.

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).) 

Discussion

On February 15, 2024, Counsel filed the motion, declaration and proposed order to be relieved as counsel. However, no service of this motion has been filed in regard to Defendants Enterprise Rent-A-Car Company of Los Angeles, LLC, and EAN Holdings, LLC, in accordance with Cal. Rules of Court, rule 3.1362(d).

As service has not been made on all parties who have appeared in this case, the motion is DENIED.

Conclusion

The motion to be relieved as counsel is DENIED without prejudice.

Moving counsel to give notice.