Judge: Steven A. Ellis, Case: 23STCV30525, Date: 2024-08-28 Tentative Ruling

Case Number: 23STCV30525    Hearing Date: August 28, 2024    Dept: 29

Furman v. Wu
23STCV30525
Motion to be Relieved as Counsel, filed by Plaintiff’s Counsel Devin A. Cutting

Tentative

The motion is granted.

Background

On December 14, 2023, Joshua Michael Furman (“Plaintiff”) filed a complaint against Shum Yin Wu (“Defendant”) for motor vehicle negligence cause of action arising out of an automobile accident occurring on December 31, 2021.

On June 5, 2024, Devin A. Cutting of Bish & Cutting, APC (“Counsel”) filed this motion to be relieved as counsel for Plaintiff. No opposition has been filed.

The hearing on this motion was continued from July 22 to August 28.

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 3.1362(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 for Plaintiff. In the Declaration, Counsel contends there has been a breakdown of the attorney-client relationship. Counsel has served Plaintiff by mail, and confirmed Client’s address within 30 days of filing this motion by telephone.

All substantive and procedural requirements are satisfied.  The Court finds that due to the breakdown of the attorney-client relationship, Counsel has established good cause to be relieved as counsel.

Accordingly, the motion is GRANTED.

Conclusion

The motion to be relieved as counsel 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.