Judge: Steven A. Ellis, Case: 22STCV06939, Date: 2024-04-30 Tentative Ruling

Case Number: 22STCV06939    Hearing Date: April 30, 2024    Dept: 29

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

Tentative

The hearing on the motion is continued so that moving counsel may file a complete and updated proposed order.

Background

On February 25, 2022, Talbot Louis Wells (“Plaintiff”) filed a complaint against PIH Health Downey Hospital, Juan Jose Macias Barreto and Does 1 to 100 for (1) assault, (2) battery, (3) infliction of emotional distress, (4) negligence, and (5) negligent hiring, supervision, and retention causes of action arising from a physical altercation occurring on March 15, 2020.

On March 28, 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. Service has been made on all parties in this action. Counsel contends there has been a breakdown of the attorney-client relationship. Counsel confirmed Plaintiff’s address by telephone.  Counsel has shown a sufficient substantive basis for an order to be relieved. 

Procedurally, however, there is an issue with the moving papers.  The proposed order (Form MC-053) is not completed correctly.  Item 8 is blank.  It should include all future hearings and other dates.  Moreover, subsequent to the filing of the motion, the Court granted an order, on the stipulation of the parties, to continue trial and other dates.

Accordingly, the hearing is continued so that moving counsel may file a new proposed order that lists all future dates (in item 8) and updates the trial date (in item 9).

Conclusion

The Court CONTINUES the hearing on counsel’s motion to be relieved.

Moving counsel to give notice.