Judge: Steven A. Ellis, Case: 21STCV23273, Date: 2024-05-15 Tentative Ruling

Case Number: 21STCV23273    Hearing Date: May 15, 2024    Dept: 29

Motion to be Relieved as Counsel, filed by Plaintiff’s Counsel Daniel Azizi.

Tentative

The motion is granted, subject to a correction on the proposed order.

Background

On June 22, 2021, Bobby Ray Johnson (“Plaintiff”) filed a complaint against Lemar McCellan, Lawrence McClellan, Linda McClellan, Tylon Armstrong, Jeanne Garcia Armstrong, and Does 1 to 50 for motor vehicle negligence and general negligence causes of action arising from an automobile accident occurring on June 26, 2019.

On April 2, 2024, Daniel Azizi (“Counsel”) filed this motion to be relieved as counsel. 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 3.1362(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. Counsel states there has been a breakdown in communication between counsel and the client. (Decl., No. 2.) Counsel has corrected served all appearing parties with the motion.

Counsel has shown good cause and has satisfied all substantive and procedural requirements.  The Court notes, however, that after the motion was filed, the dates for trial and the final status conference were continued. 

Accordingly, the motion is GRANTED, subject to submission of a corrected proposed order.

Conclusion

The motion to be relieved as counsel is GRANTED, subject to submission of a corrected proposed order.

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

Moving counsel to give notice.