Case Number: BC680873 Hearing Date: March 09, 2018 Dept: 92

QUENCE STEEN

Plaintiff(s),

vs.

LONG BEACH PUBLIC TRANSPORTATION COMPANY,

Defendant(s).

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CASE NO: BC680873

[TENTATIVE] ORDER

MOTION TO BE RELIEVED AS COUNSEL

Dept. 92

1:30 p.m.

March 9, 2018

Plaintiff filed a complaint against defendant on October 24, 2017, alleging negligence and negligent infliction of emotional distress. Plaintiff was a passenger on a bus operated by the City of Long Beach on January 31, 2017. During that ride, the bus driver suddenly braked and caused the passenger’s body to slam into a metal seat rail. Plaintiff alleges injuries to the neck, head, shoulder, ribs, and back. Compl. at ¶¶ 9—12.

LEGAL STANDARDS

California Code of Civil Procedure section 284 provides that upon the order of the court, an attorney in an action or special proceeding may be changed at any time before or after judgment of final determination upon the application of the client or attorney, after notice from one to the other. An attorney is permitted to withdraw if the client’s conduct renders it unreasonably difficult for the attorney to effectively represent the client. Rules Prof. Conduct 3-700(C)(1)(d). Whether the court should grant or deny an attorney’s request to be relieved as counsel is within the discretion of the court, as long as the withdrawal does not “work an injustice in the handling of the case.” Lempert v. Superior Ct. (2003) 112 Cal.App.4th 1161, 1173. Absent a showing of resulting prejudice, an attorney’s request for withdrawal should be permitted. People v. Prince (1968) 268 Cal.App.2d 398, 406.

California Rules of Court 3.1362 requires motions to be relieved as counsel pursuant to California Code of Civil Procedure section 284 be made on Judicial Council Forms MC-051 (Notice of Motion and Motion), MC-052 (Declaration), and MC-053 (Proposed Order). Furthermore, the requisite forms must be served on the client and all other parties who have appeared in the case. C.R.C. 3.1362(d). If the client is served by mail, there must be a declaration showing confirmation of the service address within the past thirty days. Id.

DISCUSSION

Counsel has filed the requisite forms pursuant to California Rules of Court 3.1362. Counsel has served the forms on opposing counsel and co-defendant by personal service.

Counsel declares “[t]here has been an irreconcilable breakdown in the attorney-client relationship.” Decl. ISO of Att’y’s Mt. to be Relieved as Counsel at p. 1. It has made “effective representation of the Plaintiff … no longer possible.” Id. Defendant neither opposes this motion nor demonstrates any prejudice.

CONCLUSION

Plaintiff’s motion is GRANTED.

Moving party to give notice.