Judge: Steven A. Ellis, Case: 23STCV26387, Date: 2024-02-14 Tentative Ruling

Case Number: 23STCV26387    Hearing Date: February 28, 2024    Dept: 29

Motion to be Relieved as Counsel, filed by Plaintiff’s Counsel Carolyn M. Afari, Esq. of Culver Legal LLP.

Tentative

The motion is granted.

Background

On October 27, 2023, Plaintiff Elver Ramirez (“Plaintiff”) filed his complaint against Defendants Santos Vaquez, Suli Estrada Cotzojay, and Does 1 to 100, for motor vehicle negligence and general negligence causes of action arising from an auto accident occurring n October 30, 2021.

On January 8, 2023, Culver Legal, LLP, specifically, Carolyn M. Afari, filed a motion to be relieved as counsel for Plaintiff. No opposition has been filed.

The hearing was continued on February 14, 2024, to February 28, 2024.

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, along with proof of service of each as to the client. Counsel states there has been a breakdown in the communication between Plaintiff and counsel cannot effectively represent Plaintiff.

Counsel has served the client by mail, and verified this address within the past 30 days by return receipt requested.

Counsel’s lists the FSC, Trial and OSC re Dismissal on both the Declaration and Order.

Trial is set for April 25, 2025.

The Court finds counsel has established good cause to be relieved.  All substantive and procedural requirements are satisfied.

The motion is GRANTED.

Conclusion

The motion to be relieved as counsel is GRANTED.

The order is effective upon the filing with the Court of a proof of service showing service of the signed order on the client.

Moving counsel is ordered to give notice.