Judge: Steven A. Ellis, Case: 22STCV17999, Date: 2023-11-30 Tentative Ruling

Case Number: 22STCV17999    Hearing Date: January 4, 2024    Dept: 29

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

Tentative

The motion is GRANTED.

Background

On January 27, 2022, Michele Glenn (“Plaintiff”) filed a complaint relating to an automobile accident on July 20, 2020, involving Defendants C&D Rentals, Kevin Ciara and DOES 1 through 10 for two causes of action: (1) motor vehicle negligence, and (2) general negligence.

On November 2, 2023, Sarah Lopez (“Counsel”) filed a motion to be relieved as counsel. No opposition has been filed. On December 5, 2023, Counsel filed the Order Granting Attorney’s Motion to be Relieved as Counsel with the continued hearing date.

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 and served forms MC-051, MC-052, and MC-053 on Plaintiff. Counsel declared there has been a breakdown of the attorney client relationship. (MC-052, No. 2.)

Trial was recently continued to September 30, 2024.  

The Court finds Counsel has filed all the necessary forms and has shown good cause to be relieved as counsel. Therefore, the motion to be relieved 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 of the order on the client.

Moving counsel to give notice.