Judge: Steven A. Ellis, Case: 23STCV08638, Date: 2025-01-03 Tentative Ruling

Case Number: 23STCV08638    Hearing Date: January 3, 2025    Dept: 29

Ball v. Los Angeles County Metropolitan Transportation Authority
23STCV08638
Motion to be Relieved as Counsel filed by Plaintiff’s Counsel Tom Vertanous.

Tentative

The motion is denied without prejudice.

Background

On April 18, 2023, George Ball (“Plaintiff”) filed a complaint against Los Angeles County Metropolitan Transportation Authority (“LACMTA”) for government employee negligence and general negligence arising out of an incident in which Plaintiff alleges that he was struck by the handicap ramp while boarding a bus on May 13, 2022.

On May 10, 2023, LACMTA filed an answer.

On December 12, 2024, Tom Vertanous (“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, declaration of Counsel, and Order to be relieved as counsel for Plaintiff.

The Court finds that service was not timely.  A motion must be served 16 court days prior to the hearing, plus five additional days for service by mail.  That means that for a hearing on January 3, 2025, the motion must be served by mail no later than December 5, 2024.  But here, Counsel served the motion by mail on December 11, 2024.

Further, the only proof of service filed was for the declaration of Counsel; no proof of service (on either Plaintiff or LACMTA) was filed as to the other documents in support of the motion.

Additionally, item 2 on form MC-052 does not properly describe the reasons for the motion.

Accordingly, the motion is DENIED without prejudice.

Conclusion

The motion to be relieved as counsel is DENIED without prejudice.