Judge: Steven A. Ellis, Case: 23STCV08463, Date: 2024-09-05 Tentative Ruling

Case Number: 23STCV08463    Hearing Date: September 5, 2024    Dept: 29

Lawrence v. LACMTA
23STCV08463
Motion to be Relieved as Counsel, filed by Plaintiff’s Counsel Brian Jacobson, Esq. of Wilshire Law Firm

Tentative

Motion to be relieved as counsel is DENIED without prejudice.

Background

On April 17, 2023, Charlette Ann Lawrence (“Plaintiff”) filed a complaint against Los Angeles County Metropolitan Transportation Authority (“Defendant”) for negligence arising out of a bus incident on August 22, 2022, in which Plaintiff sustained injury.

On August 14, 2024, Defendant filed an answer and cross-complaint.

On July 31, 2024, Brian Jacobson, Esq. of Wilshire Law Firm (“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 3.136(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 and Order to be Relieved as Counsel and served on Plaintiff. Counsel confirmed Plaintiff’s current address by telephone. Counsel contends representation is difficult because of Plaintiff’s conduct. However, Counsel failed to provide all upcoming dates on the Declaration and Order; the April 14, 2025 OSC re Dismissal is omitted from both.

The Court finds Counsel has not met the procedural requirements.

Accordingly, the motion is DENIED without prejudice.

Conclusion

The motion to be relieved is DENIED without prejudice.