Judge: Steven A. Ellis, Case: 22STCV28804, Date: 2024-03-01 Tentative Ruling

Case Number: 22STCV28804    Hearing Date: March 27, 2024    Dept: 29

Motion to be Relieved as Counsel, filed by Plaintiff’s Irving Pedroza.

Tentative

The motion is granted.

Background

On September 2, 2024, Plaintiff Maria de Los Angeles Leon Lili (“Plaintiff”) filed her complaint against CA CVS Pharmacy, LLC, RC Store Maintenance, Inc, Allied Restoration Services, Inc., and Does 1 to 50 for General Negligence. On November 14, 2022, Plaintiff filed her First Amended Complaint adding Premises Liability as a cause of action.

On November 14, 2022, Defendant Garfield Beach CVS, LLC filed its cross-complaint against RC Store Maintenance Inc. and Roes 1 through 10. On January 5, 2023, Defendant R.C. Store Maintenance, Inc. filed its cross-complaint against Allied Restoration Services, Inc.

On March 4, 2024, Irving Pedroza (“Counsel”) 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 confirmed Plaintiff’s last known address by mail with return receipt requested.  

Counsel has served the motion, declaration and order on all parties. Counsel includes all upcoming hearing dates on the declaration and order.

The Court finds Counsel has shown good cause to be relieved as counsel, and service has been made on all parties.

Accordingly, the motion is GRANTED.

Conclusion

The 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 signed order on the client.

Moving counsel to give notice.