Judge: Steven A. Ellis, Case: 22STCV15938, Date: 2025-02-04 Tentative Ruling

Case Number: 22STCV15938    Hearing Date: February 4, 2025    Dept: 29

Motion to be Relieved as Counsel, filed by Plaintiff’s Counsel Mindy Bish.

Tentative

The motion is denied without prejudice.

Background

On May 13, 2022, Kinnick Sanford (“Plaintiff”) filed a complaint against Qikun Li, Winway Logistics, LLC, and New Line Super Express, Inc. for negligence causes of action arising out of an automobile accident occurring on August 31, 2021.

On June 13, 2022, Qikun Li filed an answer. On October 26, 2023, Winway Logistics, LLC and New Line Super Express, Inc. filed an answer.

On January 9, 2025, Mindy Bish (“Counsel”) filed this motion to be relieved as counsel. 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 for Plaintiff.

Service, however, was not timely.  For a hearing on February 4, personal service must be completed by January 10 (16 court days before the hearing); mail service must be completed by January 5 (five days earlier).  Here, service was made by mail on January 9.

Accordingly, the motion is DENIED without prejudice.

Conclusion

The motion to be relieved as counsel is DENIED without prejudice.

Moving counsel is ordered to give notice.