Judge: Yolanda Orozco, Case: 20STCV03971, Date: 2022-10-13 Tentative Ruling
Counsel may submit on the tentative ruling by emailing Dept. 31 before 8:30 the morning of the hearing. The email address is smcdept31@lacourt.org. Please do not call the court to submit on the tentative. Please do not submit to the tentative ruling on behalf of the opposing party. Please do not e-mail the Court if you plan to appear and argue.
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**Tentative rulings on Motions for Summary Judgment will only be available for review in the courtroom on the day of the hearing.
Case Number: 20STCV03971 Hearing Date: October 13, 2022 Dept: 31
MOTION OF MICHAEL A.J. NANGANO TO BE RELIEVED AS COUNSEL 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
a. Parties’
Stipulation for Franklin T. Bigelow to Join the Motion to Withdraw
By the Parties’ Stipulation filed on October 11, 2022, counsel for Plaintiff, Franklin T. Bigelow, Jr. joins other Plaintiff’s counsel, Michael A. J. Nangano, in seeking to be allowed to withdraw as counsel for Plaintiff Alvin Lewis.
Mr. Nagano filed his Motion on September 13, 2022, but
Mr. Bigelow did not file the stipulation until October 11, 2022, thereby not
giving Plaintiff proper timely notice of the stipulation or of the fact Mr.
Bigelow seeks to also withdraw as counsel for Plaintiff.
b. Michael A. J. Nangano
Plaintiff’s counsel, Michael A. J. Nangano, seeks to withdraw as counsel for Plaintiff Alvin Lewis due to irreconcilable differences and unresolved conflict followed by the failure to communicate. (MC-051.) Mr. Nagano has not heard from Plaintiff since June 22, 2022. (MC-052.) In August of 2022, attempts by telephone, mail, and email to reach Plaintiff were unsuccessful. (MC-052.)
Mr. Nagano asserts that notice of this motion was given to Plaintiff by mail to his last known and current post address of PO Box 561546, Los Angeles, CA 90056, as well as, by electronic mail at their last email address confirmed as of June 22, 2022. (MC-052 Ex. 1.) The Court finds that notice to Plaintiff was proper.
Mr. Nagano 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
Michael A. J. Nangano’s Motion to Withdraw as Counsel is GRANTED.
Franklin T. Bigelow’s stipulation to join Michael A. J.
Nangano’s Motion to Withdraw as Counsel for Plaintiff Alvin Lewis is DENIED.