Judge: Steven A. Ellis, Case: 23STCV00047, Date: 2024-11-08 Tentative Ruling

Case Number: 23STCV00047    Hearing Date: November 8, 2024    Dept: 29

Carter v. City of Los Angeles
23STCV00047
Motion to be Relieved as Counsel, filed by Plaintiff’s Counsel Loren B. Halpern, Esq.

Tentative

The motion is granted.

Trial is continued.

Background

On January 3, 2023, Xavier Carter (“Plaintiff”) filed a complaint against City of Los Angeles (“Defendant”) and Does 1 through 100, asserting a cause of action for premises liability arising out of an alleged bicycle accident on June 3, 2022.

On July 24, 2023, Defendant filed an answer and cross-complaint.

On October 15, 2024, Loren B. Halpern, Esq. (“Counsel”) filed a motion to be relieved as counsel for Plaintiff. No opposition has been filed.

Trial is set for the same day as the hearing.

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 and served the Notice, Declaration, and Order to be Relieved on Plaintiff and Defendant and has satisfied all procedural requirements. Counsel states that his withdrawal is mandatory under the California Rules of Professional Conduct, but he has been unable to obtain a signed substitution of attorney. Counsel attempted to confirm Plaintiff’s last known address by mailing motion papers to the last known address with return receipt requested and calling Plaintiff’s last known phone number.

Counsel has satisfied all procedural and substantive requirements.  Good cause is shown.  The motion is granted.

To protect Plaintiff against undue prejudice from the granting of the motion, the date of trial is continued for approximately 90 days.

The order must be revised to reflect the new schedule.

Conclusion

The Court GRANTS the motion to be relieved as counsel.

The Court CONTINUES the trial to February __, 2025, at 8:30 am in Department 29 of the Spring Street Courthouse.

The Court CONTINUES the Final Status Conference to _________, 2025, at 10:00 am in Department 29 of the Spring Street Courthouse.

All deadlines are reset based on the new trial date.

The Judicial Assistant is directed to revise the proposed order to reflect these new dates.

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 client.

Moving counsel is ordered to give notice.