Case Number: 19STCV28061 Hearing Date: February 14, 2020 Dept: 28

Motion to be Relieved as Counsel

Having considered the moving papers, the Court rules as follows. No opposing papers have been filed.

BACKGROUND

On August 9, 2019, Plaintiff Catalina Mac (“Plaintiff”) filed a complaint against Defendant Longo Lexus alleging negligence and premises liability for a slip-and-fall that occurred on August 18, 2017.

On December 30, 2019, Plaintiff’s counsel, Eric Bonholtzer, Esq., filed a motion to be relieved as counsel pursuant to California Code of Civil Procedure section 284, subdivision (2).

Trial is set for February 5, 2021.

PARTY’S REQUEST

Plaintiff’s counsel, Eric Bonholtzer, Esq., seeks to be relieved as counsel due because Plaintiff will not communicate with her counsel.

LEGAL STANDARD

California Rules of Court, rule 3.1362 (Motion to Be Relieved as Counsel) requires (1) notice of motion and motion to be directed to the client (made on the Notice of Motion and Motion to be Relieved as Counsel—Civil form (MC-051)); (2) a declaration stating in general terms and without compromising the confidentiality of the attorney-client relationship why a motion under Code of Civil Procedure section 284(2) is brought instead of filing a consent under Code of Civil Procedure section 284(1) (made on the Declaration in Support of Attorney’s Motion to Be Relieved as Counsel—Civil form (MC-052)); (3) service of the notice of motion, motion, and declaration on all other parties who have appeared in the case; and (4) the proposed order relieving counsel (prepared on the Order Granting Attorney’s Motion to Be Relieved as Counsel—Civil form (MC-053)).

The court has discretion to allow an attorney to withdraw, and such a motion should be granted provided that there is no prejudice to the client and it does not disrupt the orderly process of justice. (See Ramirez v. Sturdevant (1994) 21 Cal.App.4th 904, 915.)

DISCUSSION

Plaintiff’s counsel completed forms MC-051 and MC-052. However, Plaintiff’s counsel has not filed a completed form MC-053. This form must be filed pursuant to California Rules of Court, rule 3.1362, subdivision (e).

CONCLUSION

The motion to be relieved as counsel is DENIED.

Eric Bonholtzer, Esq. is ordered to give notice of this ruling.