Judge: Steven A. Ellis, Case: 22STCV14949, Date: 2024-03-04 Tentative Ruling

Case Number: 22STCV14949    Hearing Date: March 4, 2024    Dept: 29

Motion to be Relieved as Counsel, filed by Plaintiff’s Counsel Michael R. Parker.

Tentative

The motion is granted.

Background

On May 5, 2022, Plaintiff Huan Wang, Guardian Ad Litem for Eason Ng, (“Plaintiff”) filed the complaint against Midvale East, LLC, RHB Management Company, and Does 1 to 50 for General Negligence and Premises Liability causes of action arising from an incident occurring on July 6, 2021.

On January 26, 2024, Michael R. Parker (“Counsel”) filed a motion to be relieved as counsel for Plaintiff. 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. On the Declaration, Counsel states there has been a breakdown of the attorney-client relationship. Counsel was unable to confirm Plaintiff’s address but took the steps of sending the motion papers to client’s last known address, calling the client’s last known telephone numbers, and contacting individuals familiar with Plaintiff, but does not list whom.  

Counsel has filed and served documents on opposing counsel as well. The Court finds Counsel has established good cause to  be relieved due to the breakdown of attorney-client relationship, and has followed the necessary procedural steps.

Accordingly, the motion is GRANTED.

Conclusion

The motion to be relieved as counsel is GRANTED.

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

Moving counsel to give notice.