Judge: Steven A. Ellis, Case: 23STCV28031, Date: 2024-12-13 Tentative Ruling

Case Number: 23STCV28031    Hearing Date: December 13, 2024    Dept: 29

Salas v. Angeles-Rojas
23STCV28031
Motion to be Relieved as Counsel, filed by Plaintiff’s Counsel Jeffrey L. Fayngor, Esq. and Suraj Teppara, Esq.

Tentative

Motion is DENIED WITHOUT PREJUDICE.

Background

On November 15, 2023, Victoria Gomez Salas and Monica Nunez (“Plaintiff”) filed a complaint against Gabriela Jasmin Angeles-Rojas and Ana Giron Angeles (collectively “Defendants”) for motor vehicle negligence cause of action arising out of an automobile accident occurring on December 13, 2021.

On November 7, 2024, Victoria Gomez Salas was dismissed from this action.

Defendants have yet to appear in this matter.

On November 21, 2024, Jeffrey L. Fayngor, Esq. and Suraj Teppara, Esq. (“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 to be Relieved as Counsel on November 21, less than 16 court days before the December 13 hearing. The motion must have been filed and served on November 19 to be timely for personal service, or served on November 14 for mail service.

Accordingly, the motion is DENIED WITHOUT PREJUDICE due to improper service.

Conclusion

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

Moving counsel to give notice.