Judge: Steven A. Ellis, Case: 21STCV03892, Date: 2024-04-19 Tentative Ruling

Case Number: 21STCV03892    Hearing Date: April 19, 2024    Dept: 29

Motions to be Relieved as Counsel for Plaintiffs, filed by Plaintiffs’ Counsel Joseph S. Farzam.

Tentative

The motions are granted

Background

On February 1, 2021, Crystal Diggins and Stephen Diggins (collectively “Plaintiffs”) filed a complaint against Hisook Ku and Does 1 through 20 for damages based on an automobile accident occurring on February 27, 2019.

On March 27, 2024, Joseph S. Farzam of Joseph Farzam Law Firm (“Counsel”) filed motions to be relieved as counsel for Plaintiffs. No opposition has been filed. Proof of personal service on Crystal Diggins and substituted personal service on Stephen Diggins were filed on April 5, 2024.

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 Notice, Declaration, and Order to be relieved as Counsel. On the Declaration, Counsel states there has been a breakdown in of the attorney-client relationship. Counsel served Plaintiff Crystal Diggins by personal service, and Plaintiff Stephen Diggins by substituted personal service as his wife, Crystal Diggins, accepted the motion and supporting papers.

The Order includes all future hearing dates; the motion and supporting papers have been served on all parties in this matter.

The Court finds Counsel has established good cause to be relieved due to the breakdown of the attorney-client relationship.  All substantive and procedural requirements are satisfied.

Accordingly, the motion is GRANTED.

Conclusion

The motion to be relieved as counsel is GRANTED.

The order is effective upon filing with the Court of a proof of service showing service of the signed order (not the minute order) on the Plaintiffs.

Moving counsel to give notice.