Judge: Steven A. Ellis, Case: 20STCV49708, Date: 2023-09-21 Tentative Ruling

Case Number: 20STCV49708    Hearing Date: October 23, 2023    Dept: 29

Tentative

The motion to be relieved is GRANTED.

Background

            On December 29, 2020, Plaintiff Lavel Flowers filed a complaint against Defendants City of Los Angeles and Donald Dozier for (1) negligence and (2) vicarious liability for injuries arising from a motor vehicle collision.

            On September 12, 2023, Plaintiff’s counsel, Theida Salazar filed a motion to be relieved as counsel. On September 21, 2023, the Court continued the hearing on the motion.

            On October 19, 2023, Theida Salazar filed additional papers in support of the motion to be relieved as counsel. No opposition is 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

            Counsel has filed the requisite forms pursuant to CRC Rule 3.1362. Counsel has served the forms on Plaintiff and confirmed Plaintiff’s address by mail with return receipt requested. Additionally, there is evidence that Counsel served Defendant at the address of record.   

            Counsel declares that there has been a “severe conflict of interest” as well as “derogative accusations” that Plaintiff has made to counsel. Additionally, Counsel declares that Plaintiff has failed to cooperate with Counsel.

            The next hearing is set for November 28, 2023 as a Trial Setting Conference. Additionally, on December 26, 2023, an OSC re: Dismissal is set. Trial is not set. As such, the Court does not determine that Plaintiff will be prejudiced if Counsel is permitted to withdraw.

            As such, the motion to be relieved as counsel is GRANTED.

Conclusion

The motion to be relieved as counsel is GRANTED.

The order is effective upon the filing with the Court of a proof of service showing service of the order on Plaintiff.

Moving counsel to give notice.