Judge: Steven A. Ellis, Case: 22STCV18686, Date: 2023-08-23 Tentative Ruling

Case Number: 22STCV18686    Hearing Date: April 18, 2024    Dept: 29

Motion to be Relieved as Counsel for Plaintiff Terrell Lee, filed by Plaintiff’s Counsel Shaun J. Bauman, Nareh S. Terzian, Jeffrey R. Billings, and Mitchell P. Beck.

Tentative

The motion is granted.

Background

On June 8, 2022, Plaintiffs Brandon Dalton and Terrell Lee filed a complaint against Defendants Ricardo Reta, Los Angeles County Sheriff’s Department, County of Los Angeles, and Does 1 through 100, alleging claims for personal injuries arising out of an alleged vehicle accident on July 5, 2020.

On November 29, 2023, the Court granted the motion for counsel to be relieved as to Plaintiff Terrell Lee. The order was effective upon proof of service of the signed order on Lee; proof of service was not filed with the Court until March 4, 2024. Further, the Law Offices of Larry H. Parker were omitted from this motion. (See Terzian Decl., ¶ 14.)

On March 19, 2024, Shaun J. Bauman, Nareh S. Terzian, Jeffrey R. Billings, and Mitchell P. Beck (collectively “Counsel”) filed a motion to be relieved as counsel for Plaintiff Terrell Lee. 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 in communication of the attorney-client relationship. Counsel has confirmed Plaintiff Lee’s last known address by sending documents to by mail with return receipt requested; Counsel sends this motion to three different addresses for Plaintiff Lee.

The Order includes all future hearing dates, and the motion and supporting papers have been served on all parties in this matter.

The Court finds Counsel has established good cause to be relieved due to the breakdown of the attorney-client relationship.  All substantive and procedural requirements are satisfied.

Accordingly, the motion is GRANTED.

Conclusion

The motion to be relieved as counsel is GRANTED.

The order is effective upon filing with the Court of a proof of service showing service of the signed order (not just the minute order) on Plaintiff Lee.

Moving counsel to give notice.