Judge: Yolanda Orozco, Case: 22STCV23582, Date: 2023-02-09 Tentative Ruling

Case Number: 22STCV23582    Hearing Date: February 9, 2023    Dept: 31

MOTIONS TO BE RELIEVED AS COUNSEL 

TENTATIVE RULING 

Peter J. Marcus’s and Viiu Spangler Khare’s Motion to be Relieved as counsel for Defendants Anna Ellakkany and Ahmed Elsayed Ellakkany 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 

Peter J. Marcus and Viiu Spangler Khare seek to be relieved as counsel for Defendants Anna Ellakkany and Ahmed Elsayed Ellakkany. Defense counsel asserts there has been a breakdown of the attorney-client relationship and irreconcilable differences have arisen that make it difficult for defense counsel to further represent Defendants. (MC-052) This Motion is being filed instead by way of consent because, as of the drafting of this motion, Defendants have not responded to counsel’s request for their consent. (MC-052)

Service

Defense counsel represents that the Defendants were served at their last known address by mail, return receipt requested, and by electronic email at the email address that Defendants regularly use. Defense counsel also filed a proof of service that Defendants were also personally served. The Motions to be Relieved as Counsel have also been served on Plaintiff. (See Cal. Rules of Court, rule 3.1362(d).) The Court finds that defense counsel has provided sufficient evidence that all parties have been properly served with notice.  

Therefore, the Motion is GRANTED.

Conclusion 

Peter J. Marcus’s and Viiu Spangler Khare’s Motion to be Relieved as counsel for Defendants Anna Ellakkany and Ahmed Elsayed Ellakkany 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.)¿