Judge: Steven A. Ellis, Case: 21STCV37735, Date: 2024-02-29 Tentative Ruling

Case Number: 21STCV37735    Hearing Date: February 29, 2024    Dept: 29

Motion to be Relieved as Counsel, filed by Plaintiff’s Counsel Martin R. Berman.

Tentative

The motion is denied without prejudice.

Background

October 12, 2021, Plaintiff Jacob Jacobson, a minor, by and through his Guardian Ad Litem, Phallon Fleck, filed his complaint against Los Angeles Unified School District and Does 1 to 25 for  General Negligence and Premises Liability causes of action arising from a tripping incident occurring on October 24, 2019.

On January 17, 2024, Martin R. Berman (“Counsel”) filed a motion to be relieved as counsel for Plaintiff Jacob Jacobson, a minor, by and through his Guardian Ad Litem, Phallon Fleck (“Plaintiff”). 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 Notice and Declaration to be Relieved as Counsel. On the Declaration, Counsel states there has been a breakdown of the attorney-client relationship. Counsel has confirmed Plaintiff’s last known address by sending documents to Plaintiff’s Guardian Ad Litem’s email address.

Counsel has not, however, filed the proposed order, as required by Rule 3.1362.

In addition, counsel fails to include OSC re Dismissal hearing date (October 8, 2024) in item 5 of the Declaration.

Finally, the Court notes that the guardian ad litem for the minor plaintiff may not appear or litigate this case in pro per.  Accordingly, before granting a motion to be relieved, the Court would like to obtain further information regarding whether, and if so how, the guardian ad litem plans to proceed with the case.

Accordingly, the motion is DENIED without prejudice.

Conclusion

The motion to be relieved as counsel is DENIED without prejudice.

Moving counsel is ordered to give notice.