Judge: Steven A. Ellis, Case: 22STCV30142, Date: 2024-11-22 Tentative Ruling

Case Number: 22STCV30142    Hearing Date: November 22, 2024    Dept: 29

Sanchez v. US VI Downey, LLC
22STCV30142
Motion to be Relieved as Counsel filed by Lance C. Behringer

Tentative

The Court will call this matter.

Among other issues, the Court will discuss whether, if the Court grants the motion, the Court should also continue the trial date for approximately 90 days to give Plaintiff additional time to retain new counsel.

Background

On September 15, 2022, Elizabeth Sanchez (“Plaintiff”) filed a complaint against US VI Downey LLC (“Defendant”), City of Downey, and Does 1 through 25 for negligence and dangerous condition of public property arising out of an alleged fall on November 21, 2021.

Defendant filed an answer on October 28, 2022.

On September 6, 2024, Plaintiff filed a substitution of counsel, replacing her former attorney with Lance C. Behringer (“Counsel”).

Less than two months later, on October 28, 2024, Counsel filed this motion to be relieved as attorney of record for Plaintiff. An Amended Declaration and proof of electronic service was filed on November 1, 2024.

Plaintiff filed an untimely opposition on November 20, 2024.

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.  The substantive and procedural requirements for the motion have been satisfied.  According to counsel, the client insists upon asserting an unwarranted claim or defense; Counsel reasonably anticipates that continued representation could lead to a violation of the rules of professional conduct; and the client has made the continued representation unreasonably difficult.

In her late filed opposition, Plaintiff denies Counsel’s representations.

The Court will call this matter.

Conclusion

The Court will call this matter.