Judge: Yolanda Orozco, Case: 21STCV40742, Date: 2022-11-29 Tentative Ruling

Case Number: 21STCV40742    Hearing Date: November 29, 2022    Dept: 31

MOTION TO BE RELIEVED AS COUNSELIS 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 

Jeremy J. Alberts of BWA Law Group APC seeks to be relieved as counsel for Defendant Angel Cassani. Defense Counsel asserts there has been a breakdown in the attorney-client relationship. (MC-052.) Defense Counsel asserts that the specific facts are confidential but if the Court desires further information it can be provided in camera. (Id.)

Defense counsel asserts that the Client has been served at their last known address as well as electronically. Defense counsel has also filed a Proof of Service showing that all parties who have appeared in this action have been served with notice of this motion. (See CRC rule CRC 3.1362(d).)

Therefore, the motion is GRANTED.

Conclusion 

Jeremy J. Alberts’ Motion to be Relieved as counsel for Defendant Angel Cassani 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 [Defendant] has been filed with the court.” (Id.)¿