Judge: Steven A. Ellis, Case: BC705622, Date: 2024-09-09 Tentative Ruling

Case Number: BC705622    Hearing Date: September 9, 2024    Dept: 29

Geza v. Windsor Terrace Healthcare Center
BC705622
Motion to be Relieved as Counsel, filed by Defendant’s Counsel Giovanniello Law Group

Tentative

The motion is denied without prejudice.

Background

On May 10, 2018, Milana Le Geza (“Plaintiff”) initiated her case against Windsor Terrace Healthcare Center (“Defendant”).

On August 28, 2023, this matter was stayed due to Defendant’s Bankruptcy.

On August 19, 2024, Giovanniello Law Group (“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 3.1362(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. Counsel served Defendant with the papers by mail. Counsel contends it already ended its representation of Defendant before the Bankrupcty and that Defendant already has new representation. (Lorant Decl., ¶ 3.)

As Counsel seeks an order as against Defendant, and as this matter remains subject to the automatic stay of federal bankruptcy law, the Court denies the motion without prejudice, subject to being renewed once the automatic stay is lifted (or the bankruptcy court issues an order granting relief from stay).

Conclusion

The Court DENIES without prejudice the motion of counsel to be relieved.

Moving counsel to give notice.