Judge: Steven A. Ellis, Case: BC718049, Date: 2023-09-29 Tentative Ruling

Case Number: BC718049    Hearing Date: September 29, 2023    Dept: 29

TENTATIVE

The motions to be relieved as counsel for Plaintiffs Jora Malaky (“Jora”), Janet Malaky (“Janet”), and Vredj Malaky (“Vredj”) filed by S. Martin Keleti are CONTINUED.

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(2).) “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)).   The proposed order must specify all hearing dates scheduled in the action or proceeding, including the date of trial, if known.  (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 the 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 forms required by CRC Rule 3.1362.

The proposed orders, on each MC-053 form, are incomplete. The Court finds that the proposed orders filed as to each plaintiff are improper because they do not set forth in items 7, 8, and 9 all upcoming dates set for hearings or other proceedings (as of the date of filing).

In addition, the attorney declaration on each MC-052 form is internally inconsistent. Counsel represents that he has confirmed each client’s address by telephone call with each client within the past 30 days (as of the date of filing) in item 3b. Counsel also states, however, that there has been “a communication breakdown” with all three clients, that he has had no recent communication at all with two of the three clients, and that the last communication with the third client (Jora Malaky) confirming the address for all three clients was on June 30, 2023 – more than 30 days prior to the filing of the motion.

The hearing is continued so that counsel may file an updated MC-052 and MC-053 for each motion.

Conclusion

The motions to be relieved as counsel for Plaintiffs Jora, Janet, and Vredj Malaky are CONTINUED for approximately 30 days.

Moving counsel is ordered to give notice.