Judge: Yolanda Orozco, Case: 22STCP00614, Date: 2023-05-03 Tentative Ruling
Case Number: 22STCP00614 Hearing Date: May 3, 2023 Dept: 31
PROCEEDINGS:¿ MOTION TO
BE RELIEVED AS COUNSEL
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MOVING PARTY:¿ Counsel for Plaintiff Joel Liebke
RESP.¿ PARTY:¿ None
MOTION TO BE RELIEVED AS COUNSEL
TENTATIVE RULING
Elliot H. Stone’s, Robert Throckmorton’s, and Stone LLP’s Motion to be Relieved as Counsel
for Plaintiff Joel Liebke 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., § 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). (Cal. Rules of Court, rule 3.1362, subds. (a), (c), (e).)¿¿
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In addition, California Rules of
Court, 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. (Cal. Rules of Court, rule 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. (Cal. Rules of
Court, rule 3.1362(d), subd. (1) & (2).)¿
Discussion
Elliot H. Stone, Robert Throckmorton,
and Stone LLP seek to be relieved as counsel for Plaintiff Elliot Joel Liebke. Plaintiff’s
counsel asserts Plaintiff has breached the attorney-client relationship
agreement thereby frustrating the ability of counsel to continue representing
Plaintiff. (MC-052)
Service
Plaintiff’s counsel represents that Plaintiff was served by mail
at their last known address confirmed by conversation. Furthermore, Plaintiff’s counsel filed a
Proof of Service showing that all parties who have appeared in this action have
been served with notice of this motion. (See Cal. Rules of Court, rule 3.1362(d).)
The motion is GRANTED.
Conclusion
Elliot H. Stone’s, Robert Throckmorton’s, and Stone LLP’s Motion to be Relieved as
Counsel for Plaintiff Joel Liebke 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.” (Cal. Rules of Court, rule 3.1362(e).)
The Order on this Motion will not be effective “until proof of service
of a copy of the signed order on the client has been filed with the court.” (Id.)¿