Judge Yolanda Orozco, Case 21STCV11935 2022-07-25 Tentative Ruling

Judge: Yolanda Orozco, Case: 21STCV11935, Date: 2022-07-25 Tentative Ruling

Case Number: 21STCV11935 Hearing Date: July 25, 2022 Dept: 31

MOTIONS TO BE RELIEVED AS COUNSEL FOR DEFENDANTS JOHNSON AND PICCOLO ARE GRANTED

JOHNSON MOTION

Background

On March 29, 2021, Plaintiff Luis Amaya filed a Complaint against Philip A. Piccolo, Jr. aka “Felix Angelo;” Kevin Dalton Johnson; Armen A. Temurian: Hector Ardon and Does 1 to 10.

On June 20, 2022, Defense counsel for Defendants Philip A. Piccolo, Jr. and Kevin Johnson filed two motions seeking to be relieved as Counsel.

The Court now reviews David Outwater’s Motion to be Relieved as Counsel for Defendant Kevin Johnson.

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

David Outwater, Esq. seeks to be relieved as counsel for Defendant Kevin Johnson because the client has made it unreasonably difficult to carry out representation effectively. (See MC-052) Mr. Outwater alleges the client has materially breached the terms of the retention agreement between client and attorney despite Mr. Outwater’s reasonable warnings that he would seek to formally withdraw unless the agreement is fulfilled. Mr. Outwater declares that he offered to cooperate with a substitution of attorney form, but his client did not provide information regarding alternative counsel.

Mr. Outwater provided Proof of Service that his client was served at his current address. Mr. Outwater also provided Proof of Service that all other parties that have appeared in this action have been served. Accordingly, Mr. Outwater has fully complied with California Rules of Court rule 3.1362,

Conclusion

Attorney David Outwater’s motion to be relieved as counsel for Defendant Kevin Johnson is GRANTED, effective upon filing proof of service of the court’s order (MC-053).

PICCOLO MOTION

Background

On March 29, 2021, Plaintiff Luis Amaya filed a Complaint against Philip A. Piccolo, Jr. aka “Felix Angelo;” Kevin Dalton Johnson; Armen A. Temurian: Hector Ardon and Does 1 to 10.

On June 20, 2022, Defense counsel for Defendants Philip A. Piccolo, Jr. and Kevin Johnson filed two motions seeking to be relieved as Counsel.

The Court now reviews David Outwater’s Motion to be Relieved as Counsel for Defendant Philip A. Piccolo, Jr.

Legal Standard

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¿¿

Discussion

David Outwater, Esq. seeks to be relieved as counsel for Defendant Philip A. Piccolo, Jr. because the client has made it unreasonably difficult to carry out representation effectively. (See MC-052) Mr. Outwater alleges the client has materially breached the terms of the retention agreement between client and attorney despite Mr. Outwater’s reasonable warnings that he would seek to formally withdraw unless the agreement is fulfilled. Mr. Outwater declares that he offered to cooperate with a substitution of attorney form, but his client did not provide information regarding alternative counsel.

Mr. Outwater provided Proof of Service that his client was served at his current address. Mr. Outwater also provided Proof of Service that all other parties that have appeared in this action have been serverd. Accordingly, Mr. Outwater has fully complied with California Rules of Court rule 3.1362,

Conclusion

Attorney David Outwater’s motion to be relieved as counsel for Defendant Philip A. Piccolo, Jr. is GRANTED, effective upon filing proof of service of the court’s order (MC-053).

Attorney David Outwater to give notice.