Judge: Steven A. Ellis, Case: 22STCV01010, Date: 2023-12-20 Tentative Ruling

Case Number: 22STCV01010    Hearing Date: December 20, 2023    Dept: 29

Background

On January 10, 2022, Juliann Salazar, a minor by and through their Guardian Ad Litem Jorge Salazar, (“Plaintiff”) filed a complaint relating to a dog bite incident on October 31, 2020, involving Defendants Christine Ortiz, Luis Ortiz (“Defendants”), and Does 1 through 0, alleging three causes of action for (1) Negligence, (2) Common Law Strict Liability, and (3) Statutory Strict Liability.

On November 14, 2023, Samer Habbas, filed a motion to be relieved as counsel for 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 requisite forms of Notice, Declaration and Order. The forms are complete. Proof of Service was filed as to all parties named in this matter. Counsel states there are irreconcilable differences between counsel and Plaintiff and that Plaintiff would benefit from a change in attorney. Trial is about ten months away, and there are no pending hearings apart from the Final Status Conference.

Accordingly, the Court GRANTS the motion to be relieved as Counsel.

Conclusion

The motion to be relieved as counsel is GRANTED.

Order is effective upon filing with the Court of proof of service of signed order on client.

Moving party to give notice.