Judge: Steven A. Ellis, Case: 24STCV00241, Date: 2025-02-18 Tentative Ruling

Case Number: 24STCV00241    Hearing Date: February 18, 2025    Dept: 29

Kitts v. Lee
24STCV00241

Motion to be Relieved as Counsel, filed by Plaintiff’s counsel Igor Fradkin, Esq. of the Downtown LA Law Group.

Tentative

The motion is granted.

Background

On January 4, 2024, Jack Aldridge Kitts (“Plaintiff”) filed a complaint against Angela Hung-Yul Lee and Hung Yul Lee for motor vehicle negligence and general negligence arising out of an accident involving a scooter and an automobile on January 30, 2023.

On January 13, 2025, Igor Fradkin, Esq. of the Downtown LA Law Group (“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 seeks to be relieved as Plaintiff’s counsel of record. Counsel represents there has been a material breakdown in the attorney client relationship. Counsel was able to confirm Plaintiff’s address by telephone.

The Court finds Counsel has met the procedural requirements. Further, Counsel has support good cause to be relieved due to the breakdown of the attorney client relationship.

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.