Judge Steven A. Ellis, Case Number: 23STCV31633, Date: 2024-08-07 Tentative Ruling

Judge: Steven A. Ellis, Case: 23STCV31633, Date: 2024-08-07 Tentative Ruling

Case Number: 23STCV31633 Hearing Date: August 7, 2024 Dept: 29

Salas v. Najera
Case No. 23STCV31633

Motion to be Relieved as Counsel, filed by Plaintiff’s Counsel Mitchell P. Beck of the Law Offices of Larry H. Parker.

Tentative

The hearing on the motion is CONTINUED.

Background

On December 28, 2023, Erazmin Salas (“Plaintiff”) filed a complaint against Joseph Steven Najera, Los Angeles Department of Wat & Power, and City of Los Angeles for negligence, negligence per se, and violation of Government Code sections 815.2 and 820 causes of action arising out of an automobile accident occurring on January 4, 2023.

On July 15, 2024 Mitchell P. Beck of the Law Offices of Larry H. Parker (“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, Declaration, and Order to be Relieved as Counsel on July 15, 2024 for the August 7, 2024 hearing.

Papers related to this motion needed to be served on Plaintiff 16 court days prior to the hearing, July 16, 2024, plus two Court days for electronic service, so July 12, 2024 for electronic service, or plus five calendar days for mailing service, so July 11, 2024 for mail service. (See Code of Civ. Proc., §§ 1005(b),1010.6(a)(3)(B), & 1013(a).

Accordingly, the Court cannot at this time grant the motion. The hearing is CONTINUED so that proper notice may be given to Plaintiff.

Conclusion

The hearing on the motion to be relieved as counsel is CONTINUED for approximately 30 days.

Moving counsel to give notice (and to file with the Court proof of service of the notice of continued hearing).