Judge: Steven A. Ellis, Case: 22STCV36142, Date: 2024-01-22 Tentative Ruling

Case Number: 22STCV36142    Hearing Date: January 22, 2024    Dept: 29

Motion to be Relieved as Counsel, filed by Plaintiff’s Counsel Edward M. Morgan.

Tentative

The motion is DENIED without prejudice.

Background

On November 15, 2022, Clifford Flores (“Plaintiff”) filed a complaint against Defendant City of Los Angeles, County Sanitation Districts of Los Angeles County, County of Los Angeles, California Department of Transportation, William M. Dismuke, and Does 1 through 50 relating to a motor vehicle accident on February 3, 2022.

On October 23, 2023, Edward M. Morgan 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.

In his Declaration (MC-052), Counsel states Plaintiff has been personally served and that the proof of service will be filed with the court at least five days before the hearing.  As of January 19, 2024, no proof of personal service appears in the file.

Accordingly, the motion is DENIED without prejudice.

Conclusion

The motion to be relieved as counsel is DENIED without prejudice.

Moving counsel to give notice.