Judge: Steven A. Ellis, Case: 22STCV05110, Date: 2024-01-05 Tentative Ruling

Case Number: 22STCV05110    Hearing Date: January 5, 2024    Dept: 29

Tentative

The motion to be relieved is GRANTED.

Background

On February 9, 2022, Morry Waksberg (“Plaintiff”) filed a complaint relating to a slip and fall on February 16, 2020, against Canters Fairfax, and DOES 1 through 50 for the cause of action Premise Liability.

On December 6, 2023, Slava Kasreliovich (“Counsel”) filed a 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 and served forms MC-051, MC-052, and MC-053 for Plaintiff. Counsel declares there are irreconcilable differences and a breakdown in the relationship between attorney and client. (MC-052s, No. 2.)

Trial is set for May 16, 2024.

The Court finds Counsel has satisfied the substantive requirements for the relief sought and has – with one small exception – satisfied all of the procedural requirements as well.

As to the exception, the Court notes that Item No. 3 of the Proposed Order is blank, and not filed out.

Based on the information provided, the Court finds that the attorney has served the client by mail and that Box 3b. should be checked.

With that addition, the motion is GRANTED.

Conclusion

The motion to be relieved as counsel is GRANTED.

In the proposed order, boxes 3b and 5a are to be checked.  The order is effective upon the filing with the Court of the proof of service of this signed order on the client.

Moving counsel to give notice.