Judge: Steven A. Ellis, Case: 22STCV19757, Date: 2023-08-24 Tentative Ruling

Case Number: 22STCV19757    Hearing Date: January 25, 2024    Dept: 29

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

Tentative

The motion is GRANTED.

Background

On June, 16, 2022, Maria Becerra (“Plaintiff”) filed a complaint against Defendants MV Transportation, Inc, LADOT Transit, City of Los Angeles, County of Los Angeles, and Does 1 through 100 for the causes of action General Negligence and Motor Vehicle Negligence. No proof of service has been filed in this matter.

On December 5, 2023, Nathan Samooha filed a motion to be relieved as counsel for Plaintiff. 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 of the attorney client relationship. Counsel has been unable to confirm Plaintiff’s last known address but has attempted to locate a more current address by calling Plaintiff, contacting Plaintiff’s aunt, and conducting a TLO search.

Counsel has satisfied all procedural and substantive requirements for the motion.

Accordingly, the motion 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 signed order upon the client.

Moving counsel is ordered to give notice.