Case Number: BC510091 Hearing Date: June 10, 2014 Dept: 34

Moving Party: Counsel Robert A. Levy, Marie Burke Kenny, and Annie Macaleer, attorneys of record for defendant Country Villa Service Corp. (“Counsel”)

Resp. Party: None

The Court will hear counsel in chambers to determine whether to grant or deny this request.

BACKGROUND:

Plaintiff commenced this action against defendants on 5/28/13 for: (1) wrongful termination in violation of public policy; (2) IIED; (3) negligent hiring, supervision, and retention; and (4) violation of Labor Code § 6310. On 1/28/14, plaintiff filed a first amended complaint for: (1) wrongful termination in violation of public policy; (2) IIED; and (3) negligent hiring, supervision, and retention.

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 provides proof of service of these documents.

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.”

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.)

Counsel fails to provide a reason for the withdrawal request, and instead states that the specific facts giving rise to the request are confidential. (Decl., ¶ 2.) Counsel is willing to present such facts in an in camera hearing if necessary. (Ibid.) The Court will conduct such a hearing.

There is no showing that the withdrawal will work an injustice or cause undue delay. Trial is set for over six months after the hearing on this motion. There is no indication that substantial discovery has taken place. The motion is unopposed.

Accordingly, counsel’s motion to be relieved as counsel of record for Country Villa Service Corp. will be GRANTED if, during an in camera hearing, counsel provides a satisfactory reason for seeking such relief.