Judge: Steven A. Ellis, Case: 21STCV34819, Date: 2024-05-31 Tentative Ruling

Case Number: 21STCV34819    Hearing Date: May 31, 2024    Dept: 29

Motions to be Relieved as Counsel, filed by Plaintiff’s Counsels Benjamin G. Berkley, Esq. of Carpenter & Zuckerman and Daniel J. Rafii, Esq. of Rafii & Associates.

Tentative

The motions are granted.

Background

On September 21, 2021, Irma Yolanda Veliz Morales (“Plaintiff”) filed a complaint against Ralphs Grocery Company, Alpha Beta Company, The Kroger C., Matthew Higa and Does 1 through 50 for negligence and premises liability causes of action arising out of a slip and fall occurring on September 30, 2019.

On January 5, 2023, Ralphs Grocery Company dba Ralphs filed an answer.

On April 22, 2024, Danil J. Rafii of Rafii & Associates (“Rafii”) filed a motion to be relieved as counsel for Plaintiff. On April 23, Benjamin G. Berkley of Carpenter & Zuckerman (“Berkley”) filed a 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

Rafii and Berkley have filed the Notice, Declaration, and Order to be relieved as counsel.

In both Declarations, Rafii and Berkley state there are irreconcilable differences between counsel and Plaintiff. Rafii and Berkley served Plaintiff by mail and confirmed Plaintiff’s current address by mail, telephone and conversation with Plaintiff.

The Orders include the FSC and trial date, but have omitted the September 17, 2024 Order to Show Cause hearing regarding dismissal.

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.

Each of the two proposed orders must be modified to list, in item 8, the Order to Show Cause re Dismissal scheduled for 9/17/24 at 8:30 am in Dept. 29.

Conclusion

The motion to be relieved as counsel is GRANTED.

The Judicial Assistant is directed to modify each of the two proposed orders to add, in item 8, the Order to Show Cause re Dismissal scheduled for 9/17/24 at 8:30 am in Dept. 29.

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

Moving counsel to give notice.