Judge: Steven A. Ellis, Case: 23STCV00561, Date: 2023-12-01 Tentative Ruling

Case Number: 23STCV00561    Hearing Date: April 2, 2024    Dept: 29

Motions to be Relieved as Counsel, filed by Plaintiffs’ Counsel Gerald L. Marcus as to all five Plaintiffs.

Tentative

The motions are granted in part and denied in part.

Background

On January 10, 2023, the complaint in this action was filed.  There are five plaintiffs.  Three are adults: Lasha Andrews, Johnishia Shepard, and Bre’Ann Brinson.  Two are minor children: Jay’Lonii Williams and De’Shawn Walker.  All plaintiffs allege injuries arising out of a motor vehicle accident on February 1, 2021.  The action is brought against Defendants Efrain Bermudez Rodriguez, Domino’s Pizza, MS&R Pizza, Inc., and Does 1 through 100.

On February 26, 2024, Gerald L. Marcus filed motions to be relieved as counsel for all five 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 pursuant to CRC Rule 3.1362 for Plaintiffs Lasha Andrews, Johnisha Shepard, Bre’Ann Brinson, Jay’Lonii Williams, and De’Shawn Walker.

Counsel declares that the attorney-client relationship between all Plaintiffs and counsel has broken down non-existent. (MC-052, no. 2.)  Counsel has served all Plaintiffs by mail, and confirmed addresses within 30 days of the motion by telephone. Both the declaration and order have all future hearing dates. Moving documents have been served on all parties in this matter.

The Court finds Counsel has established good cause to be relieved as counsel due to the breakdown in the attorney-client relationship.  All substantive and procedural requirements are satisfied.

However, both Plaintiffs Jay’Lonii Williams and De’Shawn Walker are minors, and are parties to this matter by and through the Guardian Ad Litem, Lasha Andrews. An attorney must appear on behalf of the minor or person lacking legal capacity to make decisions. A non-attorney appointed as guardian ad litem cannot act in pro per as doing so would constitute the unauthorized practice of law (Bus. & Professions Code § 6125; see  J.W. v. Superior Court (1993) 17 Cal.App.4th 958, 965.)

Accordingly, the motion is GRANTED for Plaintiffs Lasha Andrews, Johnishia Shepard, Bre’Ann Brinson. The motion is DENIED as to Plaintiffs Jay’Lonii Williams and De’Shawn Walker; as to those plaintiffs, counsel will continue to represent those plaintiffs until another attorney substitutes es in or the claims are dismissed or resolved.

Conclusion

The Court GRANTS the motions to be relieved as counsel for Plaintiffs Lasha Andrews, Johnishia Shepard, and Bre’Ann Brinson.

The order is effective upon filing with the Court of a proof of service showing service of the signed order (not the minute order) on the Plaintiffs.

The Court DENIES the motions as to Plaintiffs Jay’Lonii Williams and De’Shawn Walker.

Moving counsel to give notice.