Judge: Yolanda Orozco, Case: 21STCV09943, Date: 2023-01-04 Tentative Ruling
Case Number: 21STCV09943 Hearing Date: January 4, 2023 Dept: 31
MOTIONS TO BE RELIEVED AS COUNSEL
TENTATIVE RULING
Eric S. McIntosh’s Motion to be Relieved as
counsel for Defendants London Towne Center, LLC, and Thomas Norris 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).)¿
Discussion
Eric S. McIntosh seeks to be relieved as counsel for London
Towne Center, LLC, and Thomas Norris. Mr. McIntosh asserts he has been unable
to achieve cooperation from the managing member of London Towne Center, LLC, Thomas
Norris, about obtaining documents necessary to defend against Plaintiff’s
claims. (MC-052.) Due to the lack of cooperation, Mr. McIntosh is unable to
effectively represent London Towne Center, LLC, and Thomas Norris in this
action. (Id.)
Mr. McIntosh asserts that he
has requested that Mr. Norris provide his current address in order to serve
this motion, but Mr. Norris has failed to respond. (MC-052.) This motion and
the supporting papers were served at both P.O. boxes Mr. Norris provided in the
past as well as Mr. Norris’ email address. (Id.) The Court is satisfied
that London Towne Center, LLC, and Thomas Norris have been served with notice
of this motion. (See CRC rule
CRC 3.1362(d).) Moreover, Mr. McIntosh has provided Proof of Service that all
other parties who have appeared in this action have been served with notice of
this motion.
The Motion is
GRANTED.
Conclusion
Eric S. McIntosh’s Motion to be Relieved as counsel for Defendants London Towne Center, LLC, and Thomas Norris 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.)¿