Judge: Thomas Falls, Case: 21PSCV0431, Date: 2022-08-09 Tentative Ruling

Case Number: 21PSCV0431    Hearing Date: August 9, 2022    Dept: R

Walter Arrivillaga v. Solo 1 Kustoms, Inc. et al. (21PSCV0431)

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(1)   Defense Counsel Jerry Wang’s Motion to be Relieved as Counsel to Jose Hernandez

(2)   Defense Counsel Jerry Wang’s Motion to be Relieved as Counsel to Solo 1 Kustoms, Inc.

            Responding Party: Unopposed (due Wednesday, July 27, 2022)

Tentative Ruling

(1)   Defense Counsel Jerry Wang’s Motion to be Relieved as Counsel to Jose Hernandez is DENIED.

(2)   Defense Counsel Jerry Wang’s Motion to be Relieved as Counsel to Solo 1 Kustoms, Inc. is DENIED.

Background   

On May 24, 2021, Plaintiff Walter Arrivillaga (“Plaintiff”) filed suit against Defendants Solo 1 Kustoms, Inc and Jose Hernandez (collectively, “Defendants”) for fraud arising from the purchase of a vehicle.[1]

On September 8, 2021, Defendants filed their answer.

On July 22, 2022, Counsel filed the instant Motion to be Relieved as Counsel.

Legal Standard

The court has discretion to allow an attorney to withdraw, and such a motion should be granted provided that there is no prejudice to the client and it does not disrupt the orderly process of justice. (See Ramirez v. Sturdevant (1994) 21 Cal.App.4th 904, 915; People v. Prince (1968) 268 Cal.App.2d 398.)

California Rule of Court (“CRC”) Rule 3.1362 requires (1) a notice of motion and motion directed to the client (made on the Notice of Motion and Motion to Be Relieved as Counsel—Civil form (MC-051)); (2) a declaration stating in general terms and without compromising the confidentiality of the attorney-client relationship why a motion under Code of Civil Procedure § 284(2) is brought instead of filing a consent under section 284(1) (made on the Declaration in Support of Attorney's Motion to Be Relieved as Counsel—Civil form (MC-052)); (3) service of the notice of motion and motion and declaration on the client and on all other parties who have appeared in the case; and (4) a proposed order relieving counsel (prepared on the Order Granting Attorney's Motion to Be Relieved as Counsel—Civil form (MC-053)).[2] 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.

Discussion

Defense Counsel seeks to be removed as the attorney for his clients because the “client has not filed a Substitution of Attorney.” Presumably this brief statement means that Defendants have sought new counsel, but without more, the court is only left to assume.

Therefore, as Defense Counsel has not provided the court with more details, the court denies the motion.