Judge: Steven A. Ellis, Case: 22STCV06001, Date: 2024-04-11 Tentative Ruling

Case Number: 22STCV06001    Hearing Date: April 11, 2024    Dept: 29

Motion to be Relieved as Counsel, filed by Plaintiff’s Counsel Jacob Brown of Downtown Law Group. 

Tentative

The hearing on the motion is continued.

Background

On February 16, 2022, Lamar Reaves (“Plaintiff”) filed a complaint against Gwendolyn Achury and Does 1 to 20 for motor vehicle negligence and general negligence causes of action arising from an automobile accident occurring on October 6, 2020.

On March 20, 2024, Jacob Brown of Downtown 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. Service has been made on all parties in this action. Counsel contends there has been a breakdown of the attorney-client relationship. Counsel was unable to confirm Plaintiff’s address, but conducted a TLO search and sent the moving papers with return receipt requested.

However, Counsel has failed to list all upcoming hearings on both the declaration and order.  Counsel lists the OSC re dismissal on February 13, 2025, correctly.  The trial date listed is 4/25/2024, which was correct at the time of filing but has since been continued.  The Final Status Conference is not listed in either the declaration or the proposed order.

The Court will continue the hearing to permit moving counsel to file and serve an updated and complete declaration and proposed order.

Conclusion

The hearing on the motion to be relieved as counsel is CONTINUED for approximately 14 days.

Moving counsel to give notice.