Case Number: BC678896 Hearing Date: June 13, 2018 Dept: 51

On May 21, 2018, counsel for plaintiff Vanessa Conti, Christa L. Riggins, filed this unopposed motion to be relieved as counsel. The Court considered the moving papers and rules as follows.

Analysis

The motions satisfy the procedural requirements. The notice of motion and motion, declaration, and proposed order are on the appropriate Judicial Council forms and addressed to the clients. CRC, rule 3.1362(a), (c), (e). The proof of service indicates that counsel served all the documents on both the client and defendant via its counsel. Counsel served the client by mail at her last known address and represented that she has been unable to confirm that the address is current; counsel represents that she has made attempts to contact plaintiff via phone, a “family friend,” and her “electronic service address” (presumably e-mail.) Therefore, service was proper. CRC, rule 3.1362(d).

Regarding the merits, the “determination of whether to grant or deny a motion to withdraw as counsel lies within the sound discretion of the trial court,” and that in making this discretionary determination, the “trial court need not ‘accept a sweeping claim of conflict and “rubber stamp” counsel’s request to withdraw.’” Manfredi & Levine v. Superior Court (1998) 66 Cal.App.4th 1128, 1133-1134 (quoting Aceves v. Superior Court (1996) 51 Cal.App.4th 584, 592).

Here, counsel only states that her “[c]lient did not voluntarily consent to counsel’s request to be relieved.” It’s uncertain whether this means plaintiff affirmatively refused to gave consent or, as suggested through counsel’s attempt to serve the moving papers, that plaintiff could not be reached. More importantly, this does not state a reason why counsel seeks to be relieved. Counsel offers nothing to justify why withdrawal would be proper.

To grant the motion here, the Court would have to do worse than “rubber stamp” the request; it would have to create or infer a justification out of thin air.

Conclusion

The motion is DENIED. Counsel to give notice.