Case Number: BC667631 Hearing Date: January 17, 2018 Dept: 93

MOVING COUNSEL: Logan Quirk, Esq., of Quirk Law Group, attorney for plaintiff DeWayne Williams

RESPONDING PARTY: None

Motion to Be Relieved as Counsel

The court considered the moving papers.

BACKGROUND

On July 7, 2017, plaintiff DeWayne Williams filed a complaint against defendant LA County MTA for motor vehicle negligence. Plaintiff alleges that on October 24, 2016, he was a passenger when a collision resulted.

On August 30, 2017, defendant filed an answer.

Trial is set for January 7, 2019.

LEGAL STANDARD

The court has discretion to allow an attorney to withdraw, and such a motion should be granted provided that there is no prejudice to the client and it does not disrupt the orderly process

of justice. See Ramirez v. Sturdevant (1994) 21 Cal. App. 4th 904, 915; People v. Prince (1968) 268 Cal. App. 2d 398.

CRC Rule 3.1362 (Motion to Be Relieved as Counsel) requires (1) notice of motion and motion to be directed to the client (made on the Notice of Motion and Motion to be Relieved as Counsel—Civil form (MC-051)); (2) a declaration stating 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) (made on the Declaration in Support of Attorney’s Motion to Be Relieved as Counsel—Civil form (MC-052)); (3) service of the notice of motion and motion and declaration on all other parties who have appeared in the case; and (4) the proposed order relieving counsel (prepared on the Order Granting Attorney’s Motion to Be Relieved as Counsel—Civil form (MC-053)).

DISCUSSION

Plaintiff’s attorney of record, Logan Quirk, seeks to be relieved as counsel.

Counsel states in his declaration that he told the client that the case load and trial load for firm is at the maximum and that the client would be better suited to find representation from another attorney. Counsel sent the file to the client on October 30, 2017. Counsel states that he is waiving all costs and liens.

Counsel has complied with the requirements of California Rules of Court, Rule 3.1362.

The court finds that the attorney has served the client by mail and submitted a declaration establishing that the service requirements of California Rules of Court, Rule 3.1362, have been satisfied. The court also finds that the attorney has shown sufficient reasons why the motion to be relieved as counsel should be granted and why the attorney has brought a motion under Code of Civil Procedure § 284(2) instead of filing a consent under section 284(1).

The motion is GRANTED.

The court orders that the attorney is relieved as counsel of record for plaintiff effective upon the filing of a proof of service of the signed “Order Granting Attorney’s Motion to Be Relieved as Counsel – Civil” (Judicial Council form MC-053) upon the client (plaintiff).

Moving counsel is ordered to give notice of this ruling.

IT IS SO ORDERED.

DATED: January 17, 2018

_____________________________

Dennis J. Landin

Judge of the Superior Court