Case Number: BC428591 Hearing Date: June 12, 2014 Dept: 34

Moving Party: Counsel Raymond G. Robinson, counsel of record for plaintiff JBT Construction, Inc. (“counsel”)

Resp. Party: None

Counsel Raymond G. Robinson’s motion to be relieved as counsel of record for plaintiff JBT Construction, Inc., is GRANTED.

BACKGROUND:

Plaintiff commenced this action on 12/22/09 against various defendants for breach of contract, foreclosure on mechanic’s lien, money due and stop notice, reasonable value of services, open book account, account stated, and money due on license bond.

The action was subject to a stay of proceedings pursuant to a bankruptcy action beginning in August 2012. At a hearing on 11/19/13, plaintiff stated that the bankruptcy action had been dismissed. The stay of proceedings was lifted. A status conference / trial setting conference is set for 6/12/14.

Counsel previously moved to be relieved as counsel, but the motion was denied without prejudice because counsel failed to provide sufficient proof that the moving papers were served on defendant.

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. The motion now includes a declaration of service stating that plaintiff and the other parties were timely served with the moving papers.

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, or . . . (f) breaches an agreement or obligation to the member as to expenses or fees.” Counsel declares that plaintiff has failed to pay for services and costs in this and other actions, and that therefore conflicts have arisen. (Decl., ¶ 2.)

Counsel declares that withdrawal is warranted because conflicts have arisen due to the lack of payment for services and costs in this and other actions. (Decl., ¶ 2.) There is no showing that granting this motion will result in prejudice because no trial date has been set at this time. There is no indication that substantial discovery has occurred yet. The motion is not opposed.

Accordingly, counsel’s motion is GRANTED.