Judge: Steven A. Ellis, Case: 22STCV27826, Date: 2024-04-22 Tentative Ruling

Case Number: 22STCV27826    Hearing Date: April 22, 2024    Dept: 29

Motion to be Relieved as Counsel, filed by Plaintiff’s Counsel Devin Cutting of Bish & Cutting, APC and The Law Offices of Larry H. Parker.

Tentative

The motion is granted.

Background

On August 26, 2022, Anthony F; Villescaz (“Plaintiff”) filed a complaint against Yolanda Tapia for damages arising out of an automobile accident occurring on February 17, 2021.

On October 24, 2022, The Law Offices of Larry H. Parker, Inc. filed an Association of Counsel adding Bish & Cutting, APC, as co-counsel for Plaintiff.

On March 18, 2024, Devin Cutting of Bish & Cutting, APC and The Law Offices of Larry H. Parker (“Counsel”) filed motions 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 in of the attorney-client relationship. Counsel served Plaintiff by mail and confirmed Plaintiff’s current address by telephone within 30 days of filing this motion.

The Order includes all future hearing dates; 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 have been satisfied.

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 showing service of the signed order (not just the minute order) on the client.

Moving counsel to give notice.