Judge: Steven A. Ellis, Case: 21STCV14135, Date: 2023-10-23 Tentative Ruling

Case Number: 21STCV14135    Hearing Date: April 3, 2024    Dept: 29

Motion to be Relieved as Counsel, filed by Plaintiff’s Rodrigo Suarez.

Tentative

The motion of counsel Rodrigo Suarez of the Law Offices of Jacob Emrani, APC, to be relieved as counsel for Plaintiff Rigoberto J. Magana (only) is granted.

Background

On April 13, 2021, Jaime Rodriguez-Palos, Rigoberto J. Magana, and Juana Garcia Rolon filed a complaint against Henry Muyomba, The Estate of Henry Muyomba, Susan Tamae Nantongo, Fook Choon Lee, PV Holding Corp. and Does 1 to 100 for motor vehicle negligence and general negligence causes of action arising from an automobile accident on May 26, 2019.

All three plaintiffs were initially represented by Kyle H. Valero of the Southwest Legal Group.  In May 2022, the Court granted Mr. Valero’s motion to be relieved as counsel for two of the plaintiffs – Mr. Magana and Ms. Garcia Rolon.  In July 2023, Douglas Younglove of the Law Offices of Jacob Emrani, APC, substituted in as counsel for Mr. Magana and Ms. Garcia Rolon.

On March 5, 2024, Rodrigo Suarez of the Law Offices of Jacob Emrani filed a motion to be relieved as counsel for Plaintiff Rigoberto J. Magana (only). No opposition has been filed.

On April 2, 2024, Plaintiff Rodriguez-Palos filed a request for dismissal of his claims in their entirety with prejudice.

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 of the attorney-client relationship. Counsel has confirmed Plaintiff’s last known address by text message and conversation with Plaintiff Rigoberto J. Magana’s “common law spouse.” (Decl., No. 3.b.(1)(d).)  

Counsel has served the motion, declaration, and order on all parties. Counsel includes the upcoming hearing date on the declaration and order.

The Court finds Counsel has shown good cause to be relieved as counsel, all procedural requirements are satisfied, and service has been made on all parties.

Accordingly, the motion 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 signed order (not the minute order) on the client.

Moving counsel to give notice.