Moving Party: Counsel Jeffrey Brynan, counsel of record for plaintiff Bernard J. Carl (“counsel”)
Resp. Party: None

Jeffrey Brynan’s motion to be relieved as counsel is GRANTED.

BACKGROUND:

Plaintiff commenced this action on July 1, 2010 against defendants for: (1) breach of contract; (2) recovery of personal property; (3) conversion; (4) fraud; (5) negligent misrepresentation; (6) specific performance; (7) intentional interference with contractual relations; (8) negligent interference with contractual relations; and (9) conspiracy. The action pertains to plaintiff’s agreement to sell a vehicle, wherein defendant Cohen agreed to provide plaintiff with money, title to and possession of other vehicles, and a right of first refusal from any buyer to whom the car he was selling was to be conveyed. Defendant Gillespie allegedly failed to secure the right of first refusal and negligently negotiated a commission for himself and others in connection with the contract.

Plaintiff filed a first amended complaint on March 20, 2013, for: (1) breach of contract; (2) fraud; (3) negligent misrepresentation; (4) intentional interference with contractual relations; (5) negligent interference with contractual relations; (6) intentional interference with prospective economic advantage; (7) negligent interference with prospective economic advantage; (8) slander of title; (9) conversion; and (10) conspiracy.

Moving counsel substituted into this action on January 6, 2014.

ANALYSIS:
An attorney moving to be relieved as counsel under California Code of Civil Procedure section 284(2) must meet the requirements set out in California Rules of Court, rule 3.1362. To comply with rule 3.1362, the moving party must submit the following forms: (1) Notice of Motion and Motion to be Relieved as Counsel; (2) Declaration in Support of Attorney’s Motion to be Relieved as Counsel; and (3) Order Granting Attorney’s Motion to be Relieved as Counsel. (Cal. Rules of Court, rule 3.1362(a), (c), (e).) The moving party must serve the aforementioned forms on the client and all other parties who have appeared in the case. (Cal. Rules of Court, rule 3.1362(d).) Further, when the client is served by mail, the attorney’s declaration must show that the client’s address was confirmed within the last 30 days and how it was confirmed. (Ibid.)

Here, Counsel submits all of the mandatory forms. Counsel includes proofs of service stating that the documents were served on plaintiff and counsel for defendant Gillespie.

The attorney in an action may be relieved at any time before or after judgment or final determination either upon consent of both client and attorney, or upon order of the court. (Code Civ. Proc., § 284.) A motion to be relieved as counsel under Code Civ. Proc., section 284, subd. (2) must comply with the requirements set forth in Cal. Rules of Court, rule 3.1362. Specifically, the accompanying declaration “must state 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).” (Cal. Rules of Court, rule 3.1362(c).)

Under California Rules of Professional Conduct, 3-700(C), “[i]f rule 3 700(B) [mandatory withdrawal] is not applicable, a member may not request permission to withdraw in matters pending before a tribunal, and may not withdraw in other matters, unless such request or such withdrawal is because: (1) The client . . . (d) by other conduct renders it unreasonably difficult for the member to carry out the employment effectively.” Counsel declares that it has become clear that he and his client are in complete and total disagreement as to the handling of this case such that the attorney-client relationship has been destroyed, and that the client has advised that he wishes to obtain new counsel. (Decl., ¶ 2.)

Even if all of the requirements are met, “the court has discretion to deny an attorney’s request to withdraw where such withdrawal would work an injustice or cause undue delay in the proceeding.” (Mandell v. Superior Court (1977) 67 Cal.App.3d 1, 4.)

There is no showing that granting this motion will result in prejudice. The trial is two months away. Counsel has only been representing plaintiff since January 2014. The motion is not opposed.

Accordingly, Jeffrey Brynan’s motion to be relieved as counsel is GRANTED.