Judge: Steven A. Ellis, Case: 23STCV15018, Date: 2024-11-08 Tentative Ruling

Case Number: 23STCV15018    Hearing Date: November 8, 2024    Dept: 29

Dorantes v. The Plush Cellar
23STCV15018
Motion to be Relieved as Counsel, filed by Plaintiff’s Counsel Adam C. Phillips, Esq.

Tentative

Motion to be relieved as counsel is granted.

Background

On June 28, 2023, Sara Dorantes (“Plaintiff”) filed a complaint against the Plush Cellar, LLC, Rita Morales, Elizabeth Amanda Morales, DBS Enterprises, Rombert Samuel Scuderi, Richard John Scuderi, and Does 1 through 100, asserting causes of action for negligence, assault and battery, and premises liability arising out of an alleged physical altercation on May 28, 2023 at 2420 Daly Street in Los Angeles.

No defendant has appeared in this matter.

On October 1, 2024, Adam C. Phillips (“Counsel”) filed this motion to be relieved as counsel. 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 has met the procedural requirements. Counsel states there has been a breakdown of the attorney-client relationship.

All substantive and procedural requirements are satisfied.  The Court finds there is good cause to relieve Counsel as attorney of record.

Accordingly, the motion is GRANTED.

Conclusion

The motion to be relieved as counsel is GRANTED.

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.