Judge: Yolanda Orozco, Case: 19STCV36105, Date: 2022-10-27 Tentative Ruling

Case Number: 19STCV36105    Hearing Date: October 27, 2022    Dept: 31

MOTION OF MARK GOMEZ TO BE RELIEVED AS COUNSEL FOR DEFENDANT TAMMIE HARRIS IS GRANTED 

Legal Standard 

An attorney can be changed or substituted at any time before or after judgment or final determination upon request by either the client or attorney and after notice from one to the other. (Code Civ. Proc. (CCP) § 284.) “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 Forms MC-051 (Notice of Motion and Motion), MC-052 (Declaration), and MC-053 (Proposed Order). (CRC 3.1362, subds. (a), (c), (e).)¿¿¿¿ 

In addition, CRC rule 3.1362(d) requires that the Notice of Motion and Motion (MC-051), Declaration (MC-052), and Proposed Order (MC-053) be served on the client and all other parties who have appeared in the case by personal service, electronic service, or mail. (CRC 3.1362(d).)¿¿ 

¿If the notice is served by mail, it must be accompanied by a declaration stating facts showing that either:¿¿ ¿¿¿ 

(A) The service address is the current residence or business address of the client; or¿¿ 

(B) The service address is the last known residence or business address of the client and the attorney has been unable to locate a more current address after making reasonable efforts to do so within 30 days before the filing of the motion to be relieved. (CRC 3.1362(d), subd. (1) & (2).)¿¿¿ 

“If the notice is served on the client by electronic service under Code of Civil Procedure section 1010.6 and rule 2.251, it must be accompanied by a declaration stating that the electronic service address is the client's current electronic service address.” (CRC rule 3.1362(d).)  

Discussion 

Counsel Mark Gomez seeks to withdraw as counsel for Defendant Tammie Harris due to irreconcilable differences and unresolved conflict.  (MC-051.) 

Mr. Gomez asserts that notice of this motion was given to Defendant by mail to her last known and current post address.  (MC-052.) The Court finds that notice to Plaintiff was proper. 

Mr. Gomez has also filed a proof of service showing that all other parties who have appeared in this action have been served. (See CRC rule CRC 3.1362(d).) 

The Motion is GRANTED. 

Conclusion 

Mark Gomez’ Motion to Be Relieved as Counsel is GRANTED. 

Counsel is not relieved as counsel until he files a Proof Of Service showing service of the Order on Defendant Tammie Harris.