Judge: Steven A. Ellis, Case: 23STCV09646, Date: 2024-11-05 Tentative Ruling

Case Number: 23STCV09646    Hearing Date: November 5, 2024    Dept: 29

Lee v. Shanklin
23STCV09646

Motion to be Relieved as Counsel, filed by Plaintiff’s Counsel Mindy Susan Bish of Bish & Cutting, APC.

Tentative

Motion to be relieved as counsel is granted.

Background

On May 1, 2023, Maurice Lee (“Plaintiff”) filed a complaint against Trisha Shanklin (“Defendant”) for motor vehicle negligence cause of action arising out of an automobile accident occurring on May 13, 2021.

Defendant has not yet appeared in this matter.

On October 7, 2024, Mindy Susan Bish of Bish & Cutting, APC (“Counsel”) filed these motions to be relieved as counsel for 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 Notice, Declaration and Order to be Relieved as Counsel. Counsel contends there has been a breakdown of the attorney-client relationship. Counsel states Plaintiff refuses to confirm his address; however, Counsel took the following steps to confirm Plaintiff’s current address: (1) mailing the motion papers to Plaintiffs’ last known addresses with return receipt requested, and (2) conducting a public record search.

The Court finds there is good cause to relieve Counsel as attorney of record.

Accordingly, the motion is GRANTED.

The Court notes that the upcoming hearing dates on the Declaration and Orders are no longer correct.

Conclusion

The motion to be relieved as counsel is GRANTED.

The Court directs the Judicial Assistant to correct the dates in the proposed order.

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

Moving counsel to give notice.