Tentative 

The motion is granted. 

Background 

On September 16, 2021, Plaintiff Patricia Bernardino Garcia (“Plaintiff”) filed a complaint relating to a slip and fall against Defendants Smart & Final Stores, Inc., David Villagomez, and DOES 1 through 50 for (1) negligence and (2) premise liability.  

On June 23, 2023, Christa Haggai Ramey filed a motion to be relieved as counsel. The motion was denied without prejudice on July 21, 2023.  

On August 9, 2023, Christa Haggai Ramey filed a motion to be relieved as counsel. The motion was denied without prejudice on October 4, 2023, after one continuance of the hearing.  

On October 31, 2023, John Ramey 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 3.136(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 Defendant and Plaintiff as well as confirmed Plaintiff’s address by telephone.  

Counsel declares that there have been differences between counsel and Plaintiff regarding “fundamental matters of the case” and that communication between Plaintiff and counsel has broken down and is non-existent. (Decl., no. 2.)   

The Final Status Conference is set for March 26, 2024, and Trial is set for April 9, 2024. This leaves Plaintiff approximately four months to find new counsel and/or prepare for trial. While this is a short period of time, counsel has been attempting to be relieved since June 23, 2023, which has given Plaintiff more notice regarding needing to find replacement representation. 

Counsel has met all applicable substantive and procedural requirements. Accordingly, the motion is GRANTED. 

 

Conclusion 

The motion to be relieved as counsel is GRANTED.  

Moving counsel is ordered to give notice. The order is effective upon the filing with the Court of a proof of service showing that the signed order has been served on the client.