Judge: Steven A. Ellis, Case: 22STCV36940, Date: 2024-09-23 Tentative Ruling

Case Number: 22STCV36940    Hearing Date: September 23, 2024    Dept: 29

Lee v. Tenten Wilshire, LLC
22STCV36940
Motion to be Relieved as Counsel for Plaintiff filed by Justin Rabi, Esq.

Tentative

The motion is denied without prejudice.

Background

On November 22, 2022, Brian Lee (“Plaintiff”) filed a complaint against TenTen Wilshire, LLC (TenTen”), Brandon Chabner (“Chabner”), and Does 1 through 50 for general negligence and premises liability arising out of an incident that occurred on November 24, 2020.

On January 20, 2023, Chabner filed an answer.

On February 24, 2023, TenTen filed an answer and cross-complaint against Chabner. Chabner filed an answer to the cross-complaint on October 24, 2023.

The Court, at the request of Plaintiff, dismissed all causes of action in the complaint against Chabner on April 15, 2024.  The Court, as the request of TenTen, dismissed all causes of action in the cross-complaint against Chabner on July 3, 2024.

On August 26, 2024, Justin Rabi, Esq. (“Counsel”) filed this motion to be relieved as attorney of record 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 of Order to be Relieved as Counsel.  The Court, however, must deny the motion without prejudice, as no proof of service showing service on all parties and on Plaintiff appears in the file.

The Court also notes that the declaration and the proposed order do not include all future hearings (the OSC re dismissal set for November 19, 2024 has been omitted).

Conclusion

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