Judge: Steven A. Ellis, Case: 22STCV25392, Date: 2023-11-20 Tentative Ruling

Case Number: 22STCV25392    Hearing Date: November 20, 2023    Dept: 29

TENTATIVE 

Motion to be Relieved as Counsel 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, subd. (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 3.1362(a)), MC-052 (Declaration) (Cal. Rules of Court 3.1362(c)), and MC-053 (Proposed Order) (Cal. Rules of Court 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 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 3.1362(e).) 

Discussion 

 Plaintiff’s counsel, Neer Lerner, moves to be relieved as counsel as to Martha Armijo.

In the Declaration of Support of Attorneys’ Motion to be Relieved as Counsel, counsel indicates that there has been a breakdown in the attorney-client relationship and is unable to represent client as a result.

Additionally, in the attached declaration, counsel indicates that the client was served via mail at the client’s last known address. However, the attorney has been unable to confirm that the address despite calling the client’s last known telephone number, contacting Plaintiff Adrian Armijo, and by email.

Counsel has satisfied all applicable substantive and procedural requirements.  Accordingly, the motion is granted.

Conclusion 

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 order on the client.

Moving party is ordered to give notice.