Judge Steven A. Ellis, Case Number: 22STCV08694, Date: 2023-10-06 Tentative Ruling

Judge: Steven A. Ellis, Case: 22STCV08694, Date: 2023-10-06 Tentative Ruling

Case Number: 22STCV08694 Hearing Date: October 6, 2023 Dept: 29

TENTATIVE

The motion to be relieved as counsel for Plaintiff is GRANTED.

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(2).) “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 3.1362(c)), and MC-053 (Proposed Order) (Cal. Rules of Court, rule 3.1362(e)). The proposed order must specify all hearing dates scheduled in the action or proceeding, including the date of trial, if known. (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 the 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 requisite forms pursuant to CRC Rule 3.1362. All substantive and procedural requirements for a motion to be relieved as counsel are satisfied. Counsel declares that there is a conflict of interest that precludes further representation of the client and there has been a breakdown in the client relationship that precludes further representation.

The motion is GRANTED.

Conclusion

Accordingly, the motion to be relieved as counsel for Plaintiff is GRANTED.

The order is effective upon filing with the Court of the proof of service showing service of the signed order on the client.

Moving counsel is ordered to give notice.