Judge: Steven A. Ellis, Case: 21STCV36608, Date: 2024-08-19 Tentative Ruling

Case Number: 21STCV36608    Hearing Date: August 19, 2024    Dept: 29

Frank v. Azizi
21STCV36608

Motion to be Relieved as Counsel, filed by Defendants’ Counsel Denise Smith-Mars of Gilsleider, Phan, Dwyer & Tran.

Tentative

The motions are denied without prejudice.

Background

On October 4, 2021, Mary Frank as known as Mehranguiz Frank (“Plaintiff”) filed a complaint against Anna Azizi and Robert Azizi (collectively “Defendants”) for motor vehicle negligence arising out of an automobile accident occurring on October 12, 2020. Defendants filed their answer on May 18, 2023.

On June 4, 2024, Denise Smith-Mars of Gilsleider, Phan, Dwyer & Tran (“Counsel”) filed these motions to be relieved as counsel for Defendants. No opposition has been filed. These motions were initially set for hearing on July 18 and continued to August 19.

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

Defendants’ Counsel has filed the Notice, Declaration, and Order to be relieved as counsel for both Defendants. However, on the Declarations, Counsel fails to fill out nos. 2 and 3 as to service of the motion on Defendants and determining the current address of Defendants.

As the Declarations are not complete, the Court cannot grant the motions.

Accordingly, the motions are DENIED without prejudice.

Conclusion

The motions to be relieved as counsel are DENIED without prejudice.

Moving counsel to give notice.