Case Number: BC613793 Hearing Date: January 16, 2018 Dept: 93

MOVING COUNSEL: David Romley, Esq., attorney for plaintiff

RESPONDING PARTY: None

Motion to Be Relieved as Counsel

The court considered the moving papers.

BACKGROUND

On March 15, 2016, plaintiff Janet Arredondo, a minor by and through her guardian ad litem, Xochitl Cid, filed a complaint against defendant Compton Unified School District for general negligence.

On July 7, 2016, plaintiff filed a First Amended Complaint.

On September 8, 2016, plaintiff filed a Second Amended Complaint (“SAC”) for negligent supervision.

On September 14, 2017, plaintiff filed a substitution of attorney, stating that minor’s new legal representative is the guardian ad litem.

At the hearing on the motion for summary judgment, on December 21, 2017, the court found that the substitution of attorney filed on September 14, 2017 by plaintiff’s guardian ad litem was improper and that plaintiff’s counsel had not been relieved. The hearing on the motion for summary judgment was continued to April 16, 2018.

Trial is set for June 11, 2018.

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, David Romley, seeks to be relieved as counsel.

Counsel states in his declaration that the minor’s mother and guardian ad litem, refuses to head counsel’s advice concerning resolution of the case, insisted on terminating counsel, and retaining new counsel.

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).

“Although the guardian ad litem serves as a representative of the ward, he or she does not act as an advocate simply representing the ward’s wishes. It is the court’s duty to ensure the ward’s interests are protected.” Weil & Brown, Cal. Practice Guide.: Civ. Proc. Before Trial, 2:84 (citation omitted). “[C]ounsel must appear on behalf of the minor. . . . A nonattorney appointed as guardian ad litem cannot act in pro per. Doing so would constitute the unlawful practice of law.” Id., 2:84.1 (citations omitted). “Where the attorney has been relieved or removed as counsel of record, a nonattorney guardian ad litem can voluntarily dismiss the action without prejudice. E.g., where the opposing party’s motion for summary judgment is pending, allowing the guardian ad litem to dismiss is ‘the only fair remedy.” Id., 2:84.2 (citation omitted).

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).

The court sets an OSC re status of obtaining counsel for February 21, 2018, at 8:30 a.m. Moving counsel is ordered to give notice of this ruling.

IT IS SO ORDERED.

DATED: January 16, 2018

_____________________________

Dennis J. Landin

Judge of the Superior Court