Judge: Steven A. Ellis, Case: 23STCV13909, Date: 2024-08-13 Tentative Ruling

Case Number: 23STCV13909    Hearing Date: August 13, 2024    Dept: 29

Motions to be Relieved as Counsel, filed by Plaintiffs’ Counsel Tom Feher, Feher Law, APC.

Tentative

The motions are denied without prejudice.

Background

On June 15, 2023, Waldemar Samayoa and Corene Parsons (collectively “Plaintiffs”) filed a complaint against Michael Jon Riccelli and County of Los Angeles (collectively “Defendants”) for negligence and violation of California Government Code section 815.2 and 820(a) causes of action arising out of an automobile accident occurring on July 15, 2022 at the intersection of Firestone Boulevard and Ivy Street  in Los Angeles County.

On August 2, 2023, Defendants filed their answer.

On May 14, 2024, Tom Feher of Feher Law, 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 for Plaintiffs. However, there is no proof of service filed to show the papers were served on Defendants.

Accordingly, the motion is DENIED without prejudice.

Conclusion

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