Judge: Steven A. Ellis, Case: 23STCV21867, Date: 2025-03-17 Tentative Ruling

Case Number: 23STCV21867    Hearing Date: March 17, 2025    Dept: 29

Lu v. Yao
23STCV21867
Motion to be Relieved as Counsel filed by Yuhang Lu’s counsel Jing Wang, Esq.

Tentative

The motion is denied without prejudice.

Background

On September 12, 2023, Yuhang Lu (“Plaintiff”) filed a complaint against Xin Yao and Di Wu for an intentional tort cause of action arising out of physical assault on Plaintiff occurring on September 11, 2021 at The Exchange LA Night Club located at 618 S. Spring Street in Los Angeles.

On February 29, 2024, Xin Yao filed an answer.

On February 20, 2025, Jing Wang, Esq. (“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, no proof of service has been filed. There is no evidence that this motion was served on Plaintiff and Defendant Xin Yao as required.

Accordingly, the motion is DENIED WITHOUT PREJUDICE.

Conclusion

The motion to be relieved as counsel is DENIED WITHOUT PREJUDICE.

Moving counsel to give notice.