Judge: Steven A. Ellis, Case: 23STCV13712, Date: 2024-11-15 Tentative Ruling

Case Number: 23STCV13712    Hearing Date: November 15, 2024    Dept: 29

Zorikova v. Murcia
23STCV13712
Motion to be Relieved as Counsel, filed by Plaintiff’s Counsel Hazel Chang, Esq. of Wilshire Law Firm

Tentative

The motion is DENIED without prejudice.

Background

On June 14, 2023, Alla Anatolyevna Zorikova (“Plaintiff”) filed a complaint against Victoria Murcia, Luis Hidalgo, Herminio Hidalgo, Virginia Hidalgo, Hidalgo H&V Bypass Trust, and Does 1 through 50 for (1) negligence, (2) statutory liability – dog bite statute, and (3) strict liability arising out of an alleged dog bite on December 24, 2022.

On January 23, 2024, Defendant Victoria Murica and Luis Hidalgo  each filed an answer. On February 20, 2024, Herminio Hidalgo filed an answer. On April 3, 2024, Defendants Herminio Hidalgo and Virginia Hidalgo were dismissed.

On October 24, 2024, Hazel Chang, Esq. of Wilshire Law Firm (“Counsel”) filed this 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, subd.(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 seeks to be relieved as Plaintiff’s attorney of record.

However, the service of motion was untimely; 16 court days before this November 15 hearing was October 23, plus five days for mail service, requires mail service of the papers by no later than October 18. (See Code of Civil Procedure section 1005(b).) Service of this motion was made on October 24.

Accordingly, the motion is DENIED without prejudice.

Conclusion

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

Moving counsel to give notice.