Case Number: BC532623    Hearing Date: July 28, 2014    Dept: 34

Moving Party: Brad S. Kane / Kane Law Firm, counsel of record for plaintiff Larayia Gaston (“Counsel”)

Resp. Party: None

Counsel’s motion to be relieved as counsel of record for plaintiff Larayia Gaston is GRANTED.

BACKGROUND:

Plaintiff commenced this action against defendants on 1/8/14 for: (1) violation of Unruh Civil Rights Act; (2) sexual harassment (Civ. Code, § 51.9); (3) sexual harassment (FEHA); (4) retaliation (FEHA); (5) adverse employment actions in violation of public policy; and (7) breach of contract.

No proof of service of summons has been filed and no defendants have appeared in this action yet.

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. Counsel declares that he has been unable to confirm plaintiff’s address despite mailing papers to her last known address with return receipt requested, calling her last known telephone number, and e-mailing her. The papers were mailed to plaintiff’s last known address and sent to her last known e-mail address.

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 there has been a breakdown in communication between him and plaintiff. There is no showing that the withdrawal will work an injustice or cause undue delay. Trial is not yet set and, indeed, it appears that the defendants have not yet been served. The motion is unopposed.

Accordingly, counsel’s motion to be relieved as counsel of record for plaintiff Larayia Gaston is GRANTED.