Judge: Steven A. Ellis, Case: 22STCV15268, Date: 2023-08-09 Tentative Ruling

Case Number: 22STCV15268    Hearing Date: January 19, 2024    Dept: 29

Tentative

The motion to be relieved is GRANTED.

Background

On May 9, 2022, State Farm Mutual Automobile Insurance Company (“Plaintiff”) filed a complaint relating to a motor vehicle accident on June 19, 2021, involving Defendant Roman Middleton, and Does 1 through 25. On October 12, 2022, Plaintiff filed two Amendments to Complaint to name Antoine T. Middleton as DOE 1, and Tonisha L. Miller as DOE 2.

On October 17 15, 2023, Alexandra Barreno filed a motion to be relieved as counsel for Defendant. 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, and has included with each proof of service on Defendant and other parties in this matter.

Counsel in the Declaration states that she has been unable to confirm with the client his address, but has taken the following efforts to locate his address:

(1)  Mailed motion papers with return receipt requested;

(2)   Calling the last known telephone number of client;

(3)  Contacting co-defendant Tonisha Miller;

(4)  Conducting a search on Accurint; and

(5)  Through a private investigator.

The Court finds that all substantive and procedural requirements have been satisfied.  The Court GRANTS the motion.

Conclusion

The motion to be relieved as counsel is GRANTED.

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