Judge Steven A. Ellis, Case Number: 22STCV33911, Date: 2025-01-08 Tentative Ruling

Judge: Steven A. Ellis, Case: 22STCV33911, Date: 2025-01-08 Tentative Ruling

Case Number: 22STCV33911 Hearing Date: January 8, 2025 Dept: 29

Droege v. City of Los Angeles
22STCV33911
Motion to be Relieved as Counsel, filed by Plaintiff’s Counsel Anthony Crawford and Dana Taschner

Tentative

Motion is GRANTED.

Background

On October 19, 2022, Dalila Droege and Jay Keitel (collectively “Plaintiffs”) filed a complaint against City of Los Angeles for general negligence and premises liability arising out of a tree limb falling on Plaintiff Droege on April 19, 2022.

On December 19, 2022, City of Los Angeles filed an answer.

On December 4, 2024 Anthony Crawford and Dana Taschner (collectively “Counsel”) filed this motion to be relieved as counsel for Plaintiffs. 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 on December 4, 2024. Counsel represents there has been a material breakdown in the attorney client relationship. Counsel verified Plaintiffs’ current address by email and mail. Service of this motion was made on Plaintiffs by mail and City of Los Angeles by electronic transmission.

The Court finds Counsel has satisfied all substantive and procedural requirements. Counsel has support good cause to be relieved due to the breakdown of the attorney client relationship.

Accordingly, the motion is GRANTED.

Conclusion

The motion to be relieved as counsel is GRANTED. The order is effective upon filing with the Court a proof of service showing service of the signed order (not just the minute order) on the clients.

Moving counsel to give notice.