Judge: Steven A. Ellis, Case: 23STCV22710, Date: 2024-08-30 Tentative Ruling

Case Number: 23STCV22710    Hearing Date: August 30, 2024    Dept: 29

Calvac v. Rodriguez
23STCV22710
Motion to be Relieved as Counsel, filed by Plaintiff’s Counsel DAG Law Firm, APC

Tentative

Motion to be relieved as counsel is GRANTED.

Background

On September 20, 2023, Maribela Ventura Calvac (“Plaintiff”) filed a complaint against Deysi Rodriguez, Martin Rodriguez, Sonia Rodriguez (collectively “Defendants”), and Does 1 through 50 for negligence and strict liability arising from a dog bite incident occurring on November 8, 2021.

On October 20, 2023, Defendants filed an answer.

On July 26, 2024, DAG Law Firm, APC (“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 and served both Plaintiff and in pro per Defendants by mail. Counsel confirmed Plaintiff’s current address by telephone.

The Court finds Counsel has established good cause to be relieved due to the breakdown of the attorney-client relationship. All the necessary substantive and procedural requirements have been met.

Accordingly, the motion is GRANTED.

Conclusion

The DAG LAW, APC’s motion to be relieved as counsel for Plaintiff Maribela Ventura Calvac 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 clients.

Moving Counsel to give notice.