Judge Steven A. Ellis, Case Number: 23STCV11884, Date: 2024-08-27 Tentative Ruling

Judge: Steven A. Ellis, Case: 23STCV11884, Date: 2024-08-27 Tentative Ruling

Case Number: 23STCV11884 Hearing Date: August 27, 2024 Dept: 29

Gomez v. Casillas
23STCV11884
Motion to be Relieved as Counsel, filed by Plaintiff’s Counsel Arnoldo Casillas

Tentative

The motion is denied without prejudice.

Background

On May 25, 2023, Veronica Gomez, individually and as successor of interest for the Estate of Mario Gallegos (“Plaintiff”) against County of Los Angeles (“Defendant”) assault & battery, wrongful death, and Civil Rights Violations under Civil Code section 52.1 causes of action arising from the death of Mario Gallegos at the hands of an inmate at Oos Angeles County Men’s Central Jail on May 9, 2022.

On July 26, 2024, Arnoldo Casillas (“Counsel”) filed a motion to be relieved as counsel for Plaintiff. 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. However, the Order is blank, and the Declaration fails to include the OSC re Dismissal set for May 22, 2025.

Accordingly, the motion is DENIED without prejudice.

Conclusion

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

Moving counsel to give notice.