Judge: Steven A. Ellis, Case: 21STCV45117, Date: 2024-10-29 Tentative Ruling

Case Number: 21STCV45117    Hearing Date: October 29, 2024    Dept: 29

Zhou v. Pomona Valley Hospital Medical Center
21STCV45117
Motion to be Relieved as Counsel, filed by Plaintiffs’ Counsel Kenneth I. Gross, Esq.
Tentative

The motion is denied without prejudice.

Background

On December 10, 2021, Shaobin Zhuo and Jin Feng Zhuo (collectively “Plaintiffs”) filed a complaint against Pomona Valley Hospital Medical Center (“Pomona Valley”) Seyed Kamali, M.D., and Does 1 through 100 (“Dr. Kamali”), asserting a cause of action for wrongful death – negligence arising out of medical treatment of decedent Ryan Zhuo in November and December 2020.

On May 27, 2022, Pomona Valley filed an answer.

On September 30, 2024, Kenneth I. Gross, Esq. (“Counsel”) 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, subd. (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, Declaration, and Order to be Relieved as Counsel with the Court.

Counsel has not, however, filed a proof of service showing proper service on Plaintiffs and Pomona Valley.

Accordingly, the motion is DENIED without prejudice.

Conclusion

The Court DENIES WITHOUT PREJUDICE the motion to be relieved as counsel.

Moving Counsel is ordered to give notice.