Judge: Steven A. Ellis, Case: 22STCV12384, Date: 2023-08-10 Tentative Ruling

Case Number: 22STCV12384    Hearing Date: August 10, 2023    Dept: 29

TENTATIVE

Motion to be Relieved as Counsel filed by attorneys Brent Gerome, Carl Kremer, and Erik Velie is GRANTED.

Background

Attorneys Brent Gerome, Carl Kremer, and Erik Velie (“Counsel”) move to be relieved as counsel for Plaintiff Jason Paulette (“Plaintiff”).

On June 21, 2023, the Court continued the motion to be relieved as counsel to August 8, 2023, to allow Counsel to file proof of service showing that the motion, declaration, and proposed order were served on Plaintiff.

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 filed forms MC-051 and MC-052 and has lodged with the Court a copy of the proposed orders on form MC-053 as required.  (Cal Rules of Court, rule 3.1362.)  On June 29, 2023, Counsel filed Proof of Service indicating that it served the forms on Plaintiff and opposing counsel and confirmed Plaintiff’s address by conversation.  

The basis for the motion is that there has been a total breakdown in communication between Plaintiff and Counsel to the extent that Counsel is prevented from effectively representing Plaintiff in prosecuting this action.  The Court finds that Counsel has shown sufficient reason why the motion to be relieved as counsel should be granted.  The Court notes the Final Status Conference and Trial in this matter are currently set for September 26 and October 10, 2023, respectively.

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

Conclusion

Motion to be Relieved as Counsel filed by attorneys Brent Gerome, Carl Kremer, and Erik Velie is GRANTED.

The ruling is not be effective until proof of service is filed demonstrating proper service of the signed “Order Granting Attorney’s Motion to be Relieved as Counsel” upon Plaintiff. 

Moving party is ordered to give notice.