Judge: Steven A. Ellis, Case: 22STCV36161, Date: 2023-12-18 Tentative Ruling

Case Number: 22STCV36161    Hearing Date: April 9, 2024    Dept: 29

Motions to be Relieved as Counsel, filed by Plaintiffs’ Counsel Joseph D. Ryan.

Tentative

The motions are granted.

Background

On November 15, 2022, Jorge Samayoa, Carlos Gonzalez, and Carlos Rosales Cruz (“Plaintiffs”) filed a complaint relating to a motor vehicle incident on December 8, 2020, involving Defendant Kelvin Guerra Montes and Does 1 through 20.

On March 8, 2024, Joseph D. Ryan filed three motions 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 requisite forms. Counsel states that Plaintiffs have failed to communicate and cooperate with Counsel’s office, and due to this lack of communication, Counsel cannot properly represent the clients. (Ryan Decls., ¶¶ 7, 8.) Counsel has provided proof of service on all parties. Counsel confirmed Plaintiffs’ addresses by telephone. All upcoming hearing dates have been included in the declaration and order.

The Court finds Counsel has established good cause to be relieved due to the breakdown in communication. All substantive and procedural requirements are satisfied.

Accordingly, the motions are GRANTED.

Conclusion

The motions to be relieved as counsel are GRANTED.

The orders are effective upon filing with the Court of proofs of service showing service of the signed orders (not merely the minute order) on the Plaintiffs.

Moving counsel to give notice.