Judge: Steven A. Ellis, Case: 23STCV05748, Date: 2024-12-03 Tentative Ruling

Case Number: 23STCV05748    Hearing Date: December 3, 2024    Dept: 29

Smith v. Global Paratransit, Inc.
23STCV05748
Motion to be Relieved as Counsel, filed by Plaintiff’s Counsel Angel Silva and Aaron Brown of California Trial Team, P.C.

Tentative

The motion is denied without prejudice.

Background

On March 15, 2023, Pinky Smith (“Plaintiff”) filed a complaint against Global Paratransit, Inc., Esmeralda Herrera (collectively “Defendants”), and Does 1 through 100 for motor vehicle negligence arising out of an alleged accident on April 28, 2022.

On June 2, 2023, Defendants filed an answer.

On November 8, 2024 Angel Silva and Aaron Brown of California Trial Team, P.C. (“Counsel”) filed this 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

The motion is denied without prejudice for at least two independent procedural reasons.

First, Counsel filed the notice of motion and motion, but Counsel did not file a supporting declaration or a proposed order, as is required.  (Cal. Rules of Court, rule 3.1362.)  The motion is therefore materially incomplete.

Second, the motion is not timely.  It was filed and served on November 8.  Motions must be filed and served at least 16 court days before the hearing.  For a hearing on December 3, 2024, the last day to file and serve (assuming personal service) was November 6.  For mail service, five additional days are added.  For electronic service, two additional days are added – assuming that electronic service is valid.

Third, there is no proof of any service at all on Plaintiff.

The Court also notes that item 4 of the notice of motion and motion is not completed correctly.

Conclusion

The Court DENIES WITHOUT PREJUDICE the motion to be relieved as counsel.

Moving counsel is ordered to give notice.