Judge: Steven A. Ellis, Case: 23STCV24698, Date: 2024-01-25 Tentative Ruling

Case Number: 23STCV24698    Hearing Date: February 28, 2024    Dept: 29

Motion to be Relieved as Counsel, filed by Plaintiff’s Counsel Vincent D. Howard.

Tentative

The hearing on the motion is continued.

Background

October 10, 2023, Levi Ray Schryvers and Joshua Cothran (“Plaintiff”) filed a complaint against Defendant Felix Miguel Avita and Does 1 through 10 for the causes of action General Negligence and Motor Vehicle Negligence.

On December 27, 2023, Vicent D. Howard (“Counsel”) filed a motion to be relieved as counsel for Plaintiff Joshua Cothran (“Plaintiff”). No opposition has been filed.

This motion was continued on January 25, 2024, as no order had been filed.

Counsel filed a proposed order on February 26, two court days in advance of the hearing.

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 and Declaration to be Relieved as Counsel. On the Declaration, Counsel states he has lost contact with Plaintiff. Counsel has been confirmed Plaintiff’s last known address from Plaintiff Levy Ray Schryvers.

This hearing was continued on January 25, as no order had been filed.

On February 26, 2024, counsel filed a proposed order.  Plaintiff is entitled to at least reasonable advance service of the proposed order, not service on the eve of the hearing.

Accordingly, the motion is CONTINUED.

Conclusion

The motion to be relieved as counsel is CONTINUED for approximately 28 days.

Moving counsel is to serve Plaintiff and all other parties who have appeared, and to give notice of the new hearing date to Plaintiff and all other parties who have appeared, at least 16 court days in advance of the hearing.