Judge: Steven A. Ellis, Case: 22STCV07478, Date: 2024-07-29 Tentative Ruling

Case Number: 22STCV07478    Hearing Date: July 29, 2024    Dept: 29

Motion to be Relieved as Counsel, filed by Plaintiff’s Counsel Christopher T. Aumais and J.R. McCorkle.

Tentative

The motion is granted.

Background

On March 1, 2022, Jose Guevara (“Plaintiff”) filed a complaint against Alireza Shapoury (“Defendant”) for negligence and premises liability causes of action arising out of an injury that allegedly occurred with Plaintiff was performing yardwork for Defendant on June 30, 2020.

On May 15, 2023, Defendant filed an answer. Notice of Settlement was filed on October 5, 2023.

On June 6, 2024, Christopher T. Aumais and J.R. McCorkle (collectively “Counsel”) filed this motion to be relieved as counsel. No opposition has been filed.

On July 17, 2024, the hearing was continued to July 29; Counsel sent notice of continuance on July 18.

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 for Plaintiff, and served the papers on all parties in this matter.

Counsel contends good cause exists to be relieved as there has been a breakdown of the attorney-client relationship based on the lack of return communication from Plaintiff regarding the settlement offer. Counsel attached months of correspondence to Plaintiff; Plaintiff has not replied.

The Court finds Counsel has established good cause to be relieved as counsel based on the breakdown of communication between Counsel and Plaintiff.  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 a proof of service showing service of the signed order (not just the minute order) on the client.

Moving counsel is ordered to give notice.