Case Number: BC624474 Hearing Date: March 29, 2018 Dept: 53

bianca mckinney vs. louis bacon , et al.; BC624474, March 29, 2018

[tentative] order re: plaintiff’s COUNSEL’S motion to be relieved as counsel

The motion of counsel for Plaintiff Bianca McKinney to be relieved as counsel is GRANTED.

Legal Standard

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; People v. Prince (1968) 268 Cal.App.2d 398.)

CRC 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 and 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)).

California Rules of Professional Conduct, 3-700(C) provides that counsel may request permission to withdraw where the client, inter alia, “renders it unreasonably difficult for the member to carry out the employment effectively” or “breaches an agreement or obligation to the member as to expenses or fees.” (CRPC 3-700(C)(1).)

Discussion

Lavely & Singer P.C. (Counsel) moves to be relieved as counsel of record for Plaintiff Bianca McKinney (“Plaintiff”). The Court finds that Counsel has complied with the procedural requirements set forth in CRC Rule 3.1362 and has provided sufficient grounds for granting the relief requested. There is no indication that Plaintiff will be prejudiced as a result of the granting of this motion. Accordingly, the motion to be relieved as counsel is GRANTED, effective upon the filing of a proof of service on Plaintiff.

Counsel is ordered to provide notice of this ruling.

DATED: March 29, 2018

_____________________________

Hon. Howard L. Halm

Judge of the Superior Court