Judge: Steven A. Ellis, Case: 21STCV34734, Date: 2023-10-06 Tentative Ruling

Case Number: 21STCV34734    Hearing Date: October 25, 2023    Dept: 29

Tentative

The motion is granted.

Background¿ 

Plaintiff Lavel Flowers (“Plaintiff”) filed a Complaint against Defendants Lyft, Inc., and Nassor Whitehead for negligence, assault, battery, and negligent hiring and supervision arising from a bicycle versus motor vehicle incident in September 2019. 

On October 3, 2023, Plaintiff’s counsel Plaintiff’s Counsel Theida Salazar of Law Offices of Theida Salazar (“Counsel”) filed this instant 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.)  An attorney is permitted to seek 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), MC-052 (Declaration), and MC-053 (Proposed Order).  (Cal. Rules of Court, rule 3.1362, subd. (a), (c), (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, subd. (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, subd. (e).)

Discussion 

Counsel has shown a sufficient basis to be relieved as counsel and has satisfied all substantive and procedural requirements.

 Accordingly, the motion to be relieved as counsel is GRANTED.

Conclusion 

Motion to be relieved as counsel filed by Theida Salazar of Law Offices of Theida Salazar

is GRANTED. 

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

Moving party is ordered to give notice.