Judge: Steven A. Ellis, Case: 23STCV21099, Date: 2023-11-28 Tentative Ruling

Case Number: 23STCV21099    Hearing Date: November 28, 2023    Dept: 29

TENTATIVE 

Motion to be Relieved as Counsel is GRANTED.

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 3.1362(a)), MC-052 (Declaration) (Cal. Rules of Court 3.1362(c)), and MC-053 (Proposed Order) (Cal. Rules of Court 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 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 3.1362(e).) 

Discussion 

  Plaintiff’s counsel, Sam Heidari, moves to be relieved as counsel as to Plaintiff Aura Elizabett Preciado.

In the Declaration of Support of Attorneys’ Motion to be Relieved as Counsel, counsel indicates that there has been a breakdown in communication that has resulted in the deterioration of the attorney-client relationship. Counsel also requests that if additional information is required, the information be disclosed in camera.

Additionally, in the attached declaration, counsel indicates that the client was served via mail at the client’s last known address. The client’s address was confirmed within the last 30 days via mail, return receipt requested.

Counsel has provided all the required documents under California Rules of Court Rule 3.1362. In the proof of service attached to MC-053 indicates that both parties were served via mail. The Court finds that Plaintiff’s counsel has provided sufficient reasoning as to why withdrawal is appropriate.

Additionally, Defendant has not filed an answer and no other motions have been filed. Moreover, trial is not set until February 2025, giving Plaintiff well over a year to obtain new representation.

Conclusion 

 Motion to be Relieved as Counsel is GRANTED.  

Moving party is ordered to give notice.