Judge: Steven A. Ellis, Case: 22STC36142, Date: 2024-04-05 Tentative Ruling

Case Number: 22STC36142    Hearing Date: April 5, 2024    Dept: 29

Motion to be Relieved as Counsel, filed by Plaintiff’s Counsel Edward M. Morgan.

Tentative

The motion is granted.

Background

On November 15, 2022, Clifford Flores (“Plaintiff”) filed a complaint against City of Los Angeles, County Sanitation Districts of Los Angeles County, County of Los Angeles, California Department of Transportation, and William M. Dismuke for motor vehicle negligence and general negligence causes of action arising from an automobile accident occurring on February 3, 2022.

On March 6, 2024, Edward M. Morgan of Downtown L.A. Law Group (“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(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. On the Declaration, Counsel states there has been a breakdown of the attorney-client relationship. Counsel has attempted to confirm Plaintiff’s last known address by mailing papers to Plaintiff’s last known address with return receipt, calling Plaintiff, performing a TLO search, and hiring a private investigator. (Decl., No. 3.b.(2)(a)(b)(d)&(e).)  

Counsel has included all upcoming hearings, and has served all parties currently in this matter.

The Court finds Counsel has shown good cause to be relieved as counsel due to the breakdown in attorney-client relationship. Further, the Court finds Counsel has attempted to properly ascertain Plaintiff’s current address to serve him with this motion.  All substantive and procedural requirements are satisfied.

Accordingly, the motion is GRANTED.

Conclusion

The motion to be relieved as counsel is GRANTED.

The order is effective upon filing with the Court of a proof of service showing service of the signed order (not the minute order) on the client.

Moving counsel to give notice.