Judge: Steven A. Ellis, Case: 22STCV18806, Date: 2023-09-28 Tentative Ruling

Case Number: 22STCV18806    Hearing Date: September 28, 2023    Dept: 29

TENTATIVE

The motion to be relieved as counsel for Plaintiff is GRANTED.

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(2).) “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 3.1362(c)), and MC-053 (Proposed Order) (Cal. Rules of Court, rule 3.1362(e)).   The proposed order must specify all hearing dates scheduled in the action or proceeding, including the date of trial, if known. (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 the 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 satisfied all procedural and substantive requirements for the relief sought.  Counsel has filed the requisite forms pursuant to CRC Rule 3.1362 and has set forth a basis for the request to be relieved as counsel for Plaintiff.

Conclusion

Accordingly, the motion is GRANTED.

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

Counsel Michael O. Akhidenor is ordered to give notice.