Judge: Steven A. Ellis, Case: 22STCV26647, Date: 2025-01-31 Tentative Ruling

Case Number: 22STCV26647    Hearing Date: January 31, 2025    Dept: 29

Dixon v. Bird Rides, Inc.
22STCV26647

Motion to be Relieved as Counsel, filed by Defendant’s Counsel Michael H. Shen.

Tentative

The motion is denied.

Background

On August 17, 2022, Steve Dixon (“Plaintiff”) filed a complaint against Bird Rides, Inc. (“Defendant”), Midvale City, and Salt Lake County, and Does 1 through 50 for general negligence and premises liability arising out of an alleged scooter accident on August 24, 2021 in Midvale, Utah.

On January 4, 2023, Defendant filed an answer.

The Court, at the request of Plaintiff, dismissed Salt Lake County on February 8, 2023, and Midvale City on December 22, 2023.

On January 17, 2024, a notice of stay of proceedings was filed based on the filing of a petition for bankruptcy in the U.S. Bankruptcy Court for the Southern District of Florida.

On December 16, 2024, Michael H. Shen (“Counsel”) filed this motion to be relieved as counsel. 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 3.1362(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. Counsel served Defendant with the papers by personal service. Counsel contends the bankruptcy case proceeds against Defendant, and as such, Counsel can no longer represent Defendant without payment.

Counsel states Defendant consents to the withdrawal but does not have a new attorney to substitute in. As Counsel seeks an order that is adverse to the Defendant, and as this matter remains subject to the automatic stay of federal bankruptcy law, the Court denies the motion without prejudice, subject to being renewed once the automatic stay is lifted (or the bankruptcy court issues an order granting relief from stay).

Conclusion

The Court DENIES without prejudice the motion of counsel to be relieved.

Moving counsel to give notice.