Judge: Steven A. Ellis, Case: 23STCV05911, Date: 2024-08-20 Tentative Ruling

Case Number: 23STCV05911    Hearing Date: August 20, 2024    Dept: 29

Cock v. Bird Rides, Inc.
23STCV05911
Motion to be Relieved as Counsel, filed by Defendant’s Counsel Jillian E. Stanley

Tentative

The motion is denied without prejudice.

Background

On March 16, 2023, Richard Cock (“Plaintiff”) filed a complaint against Bird Rides, Inc. (“Defendant”), City of Los Angeles (“City”), and Does 1 through 100, asserting causes of action for a dangerous condition of public property and negligence arising out of a trip and fall over a scooter occurring on June 24, 2022. On June 2, 2023, Plaintiff filed a First Amended Complaint (“FAC”) adding a third and fourth cause of action for public nuisance and premises liability.

On June 27, 2023, the Court, at the request of Plaintiff, dismissed the causes of action against City without prejudice.

On November 9, 2023, the Court approved a stipulation of the parties striking the first and fourth causes of action in the FAC as against Defendant.

On December 1, 2023, Defendant filed an answer to the FAC.

On January 10, 2024, Defendant filed a notice that it had filed a Chapter 11 Petition in the United States District Court for the Southern District of Florida and that, pursuant to federal law, an automatic stay is in effect.

On July 16, 2024, Jillian E. Stanley (“Counsel”) filed this motion to be relieved as counsel. 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 3.1362(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, and Order to be Relieved as Counsel. Counsel served Defendant with the papers by personal service. Counsel contends the bankruptcy case proceeds against Defendant, and as such, Counsel can no longer represent Defendant without payment. Counsel states Defendant consents to the withdrawal but does not have counsel to substitute.

As Counsel seeks an order as against Defendant, and as this matter remains subject to the automatic stay of federal bankruptcy law, the Court denies the motion without prejudice, subject to being renewed once the automatic stay is lifted (or the bankruptcy court issues an order granting relief from stay).

Conclusion

The Court DENIES without prejudice the motion of counsel to be relieved.

Moving counsel to give notice.