Judge: Wesley L. Hsu, Case: 19PSCV00586, Date: 2023-03-22 Tentative Ruling
Case Number: 19PSCV00586 Hearing Date: March 22, 2023 Dept: L
Counsel for Plaintiff Kirby Wang’s (i.e.,
Law Offices of Tony M. Lu) Motion to be Relieved
as Counsel is GRANTED, contingent upon
counsel filing an amended proof of service
reflecting Code of Civil Procedure § 1005,
subdivision (b) compliant notice at or before the
time of the hearing [see below] and effective upon the filing of the proof of service showing
service of the
signed order upon the Client at the Client’s last known address.
Background
The Law Offices of Tony M. Lu seeks to be
relieved as counsel of record for Plaintiff Kirby
Wang (“Client”).
Notice
At the outset, the court notes that the proof
of service filed concurrently with the motion on
February 21, 2023 reflects a future (i.e.,
February 22, 2023) service date. Counsel is instructed to
file an amended proof of service reflecting
Code of Civil Procedure § 1005, subdivision (b)
notice at or before the time of the hearing.
Discussion
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, the declaration, and
the proposed order 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)). 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.
Attorney Tony M. Lu (“Lu”) represents that “[t]he attorney-client
relationship has deteriorated to the point that any further representation of
the Client will not be meaningful and may be prejudicial to Client.”
Lu states that he has served the Client by mail at the Client’s
last known address with copies of the motion papers served with this
declaration and that he has confirmed, within the past 30 days, that the
address is current, via conversation.
The court
determines that the requirements of Rules of Court Rule 3.1362 enumerated above
have been
sufficiently met.
Accordingly,
the motion is granted, contingent
upon counsel filing an
amended proof of service
reflecting Code of Civil Procedure § 1005,
subdivision (b) compliant notice at or before the
time of the hearing [see below] and effective upon the filing of the proof of service showing
service of the signed order upon
the Client at the Client’s last known address.