Judge: Yolanda Orozco, Case: 20STCV03971, Date: 2022-12-08 Tentative Ruling

Case Number: 20STCV03971    Hearing Date: December 8, 2022    Dept: 31

MOTION 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).)¿¿ 

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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:¿¿ 

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(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).)¿ 

Discussion 

Plaintiff’s counsel, Franklin T. Bigelow, seeks to withdraw as counsel for Plaintiff Alvin Lewis due to irreconcilable differences and unresolved conflicts and Plaintiff’s failure to communicate. (MC-052.) Mr. Franklin has not heard from Plaintiff since June 22, 2022 despite numerous attempts to contact him. (MC-052.) 

Notice and Service

Mr. Franklin represents that the Client was served at his last known address by certified mail, return receipt was requested.  Furthermore, Plaintiff was served by electronic service at his last known email address as confirmed by email attachments presented by Mr. Franklin. (See CRC rule 3.1362(d).) Moreover, Mr. Franklin also attaches proof of service by mail and electronic submission on all parties that have appeared in this action.

For all the stated reasons, the Motion is GRANTED.  

Conclusion 

Franklin T. Bigelow’s Motion to Withdraw as Counsel for Plaintiff is GRANTED. 

The Order will be signed at the hearing. “After the order is signed, a copy of the signed order must be served on the client and on all parties that have appeared in the case.” (CRC 3.1362(e).) The Order on this Motion will not be effective “until proof of service of a copy of the signed order on [Plaintiff] has been filed with the court.” (Id.)¿