Judge: Steven A. Ellis, Case: 23STCV25423, Date: 2025-04-02 Tentative Ruling

Case Number: 23STCV25423    Hearing Date: April 2, 2025    Dept: 29

Figueroa v. Whitney
23STCV25423
Motion to be Relieved as Counsel, filed by Plaintiff’s Counsel Igor Fradkin, Esq.

Tentative

Motion is denied without prejudice.

Background

On October 18, 2023, William Figueroa (“Plaintiff”) filed a complaint against Douglas Whitney (“Defendant”) and Does 1 through 100 for assault, battery, intentional infliction of emotional distress, and negligence arising out of a physical altercation at Plaintiff’s rental unit on October 21, 2021.

When the case was filed, the Court assigned a trial date of April 16, 2025.

Defendant has yet to appear in this matter.  No proof of service of the summons and complaint on Defendant has been filed.

On March 4, 2025, Igor Fradkin, Esq. (“Counsel”) filed this 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 on Plaintiff.

Counsel states that there has been a breakdown of the attorney-client relationship. Counsel was able to confirm Plaintiff’s addressed by telephone. Plaintiff was timely served by mail on March 4, 2025.

There are a number of issues with the motion.

First, given that trial is set in two weeks, the Court is concerned about the potential for unfair prejudice to Plaintiff.

Second, the declaration of counsel on Form MC-052 refers to a concurrently filed declaration of counsel, but no such declaration was filed.  It appears that counsel intended to file additional evidence in support of the motion but failed to do so.

Third, the proposed order is incomplete as no upcoming dates have been provided in Items 7-9. This is a requirement under California Rules of Court, rule 3.1362(e).

Accordingly, the motion is DENIED WITHOUT PREJUDICE.

Conclusion

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

Moving counsel to give notice.