Judge Steven A. Ellis, Case Number: 23STCV10834, Date: 2023-10-09 Tentative Ruling

Judge: Steven A. Ellis, Case: 23STCV10834, Date: 2023-10-09 Tentative Ruling

Case Number: 23STCV10834 Hearing Date: October 9, 2023 Dept: 29

TENTATIVE

The motion to be relieved as counsel for Plaintiff is DENIED WITHOUT PREJUDICE.

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(2).) “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)). The proposed order must specify all hearing dates scheduled in the action or proceeding, including the date of trial, if known. (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 the 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 requisite forms pursuant to CRC Rule 3.1362. The Court, however, finds that the motion is procedurally deficient for at least three reasons.

First, none of the forms identifies the date and time of the hearing on the motion to be relieved as counsel.

Second, the MC-053 form also sets forth an incorrect date for the final status conference.

Third, the MC-053 form fails to set forth the hearing date on the OSC re: dismissal, which is required to be provided on the proposed order.

Accordingly, the motion is DENIED WITHOUT PREJUDICE.

Conclusion

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

Avrek Law Firm is ordered to give notice.