Judge: Steven A. Ellis, Case: 22STCV08241, Date: 2023-08-28 Tentative Ruling

Case Number: 22STCV08241    Hearing Date: March 19, 2024    Dept: 29

Motion to be Relieved as Counsel, filed by Plaintiff’s Counsel Michael J. Emrani.

Tentative

The motion is denied without prejudice.

Background

On March 7, 2022, Plaintiffs Jane King, Gerard Bamuturaki Kato, and George B. Kakuru filed their complaint against Defendant Morgan Whitsett Weston for Motor Vehicle Negligence and General Negligence causes of action arising from an auto accident occurring on November 25, 2021.

On February 21, 2024, counsel Michale J. Emrani (“Counsel”) filed this motion to be relieved as counsel as to all Plaintiffs. No opposition has been filed.

On March 11, 2024, a request for dismissal was filed as to Plaintiffs Gerard Bamuturaki Kato and George B. Kakuru.

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

On March 11, 2024, Plaintiffs Gerard Bamuturaki Kato and George B. Kakuru were dismissed. As such, the motion is DENIED AS MOOT as to Gerard Bamuturaki Kato and George B. Kakuru.

Counsel filed MC-051 and MC-052 for Plaintiff Jane King. However, no order, MC-053, has been filed. As there is no order filed, the motion is DENIED.

Conclusion

The motions to be relieved as counsel are DENIED.