Case Number: GC045997    Hearing Date: August 12, 2014    Dept: 93

Superior Court of California
County of Los Angeles

Department 93

JUDY HOUG, et al.,

Plaintiff(s),
v.

MEHRAS AKHAVAN, M.D., et al.,

Defendant(s).

Case No.: GC045997

Hearing Date: August 12, 2014

[TENTATIVE] ORDER RE:
MOTION TO BE RELIEVED AS COUNSEL

Attorney Eric Bryan Seuthe’s Motion to be Relieved as Counsel for Plaintiff Judy Houg is DENIED without prejudice.

Legal Standard

The Court may issue an order allowing an attorney to withdraw from representation, after notice to the client. (CCP § 284(2).) An attorney may withdraw upon a showing that the withdrawal would not result in undue prejudice to the client’s interest. (See, e.g., Ramirez v. Sturdevant (1994) 21 Cal. App. 4th 904, 915.)

Discussion

As a threshold matter, it is unclear from the motion whether attorney Seuthe is seeking to be relieved as counsel for Plaintiff Judy Houg or Plaintiff Angela Houg. The cover page states that attorney Seuthe is counsel for Judy Houg in the caption and Angela Houg elsewhere in the motion. Further, while there is proof of service on Angela Houg, there is no proof of service of the motion upon Plaintiff Judy Houg.

In addition, the declaration of Eric Bryan Seuthe does not address the prejudice to his client from this proposed withdrawal, given that there is a September 5, 2014 trial date set, and the case was filed almost four years ago. While the Court can in some circumstances allow a withdrawal even where prejudice is shown, for example, upon a breakdown of the relationship, counsel still needs to address in the declaration whether his client will be prejudiced by the withdrawal.

Finally, prior to allowing counsel to withdraw under these circumstances (the eve of trial), the Court would need to review a further declaration explaining in greater detail the breakdown in the relationship between counsel and the client.

Moving party is ordered to give notice.

DATED: August 12, 2014
_________________________
Hon. Gail Ruderman Feuer
Los Angeles Superior Court