Case Number: BC660656 Hearing Date: June 06, 2018 Dept: 4

MOVING COUNSEL: Dennis S. Belmudes and Rose, Klein & Marias, LLP, attorneys for plaintiff

RESPONDING PARTY: None

Motion to Be Relieved as Counsel

The court considered the moving papers. No opposition was filed.

BACKGROUND

On May 8, 2017, plaintiff Christopher Martinez filed a complaint against defendant Golden State Foods Corp. for negligence based on premises liability. Plaintiff alleges that on June 23, 2015, he was in the course and scope of his employment with Universal Protection Services as a security guard on the premises of Golden State Foods Corp. when the arm of a mechanical gate struck him.

On July 19, 2017, plaintiff filed a First Amended Complaint.

The trial date is set for November 8, 2018.

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)).

DISCUSSION

Plaintiff’s attorneys of record, Dennis S. Belmudes and Rose, Klein & Marias, LLP, seek to be relieved as counsel.

Counsel states in his declaration that the attorney-client relationship has broken down and cannot be re-established.

Counsel has complied with the requirements of California Rules of Court, Rule 3.1362.

The court finds that the attorney has served the client by mail at his current address and submitted a declaration establishing that the service requirements of California Rules of Court, Rule 3.1362, have been satisfied. The court also finds that the attorney has shown sufficient reasons why the motion to be relieved as counsel should be granted and why the attorney has

brought a motion under Code of Civil Procedure § 284(2) instead of filing a consent under section 284(1).

The motion is therefore GRANTED.

The court orders that the attorney is relieved as counsel of record for plaintiff effective upon the filing of a proof of service of the signed “Order Granting Attorney’s Motion to Be Relieved as Counsel – Civil” (Judicial Council form MC-053) upon the client (plaintiff).

Plaintiff’s counsel is ordered to give notice of this ruling.

IT IS SO ORDERED.

DATED: June 6, 2018

_____________________________

Dennis J. Landin

Judge of the Superior Court