Case Number: BC704212 Hearing Date: November 21, 2018 Dept: 4

Motion to Be Relieved as Counsel

Motion to Be Relieved as Counsel

The court considered the moving papers. No opposition was filed.

Background

On April 27, 2018, plaintiffs Tanya Clarke and Marcell Tripp filed a complaint against defendants Wilfredo Gomez Caravantes and Alcon Transport, Inc. for motor vehicle negligence based on an incident that occurred on November 25, 2016.

Trial is set for October 28, 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

Plaintiffs’ attorney of record, Don Lake, Jr., seeks to be relieved as counsel.

Counsel states in his declaration that there has been a lack of cooperation and that communications between counsel and the clients have broken down.

The proofs of service of the motions do not indicate that plaintiffs were served. Further, counsel failed to provide the return receipt to show confirmation of plaintiffs’ current address.

The motion is therefore DENIED WITHOUT PREJUDICE.

IT IS SO ORDERED.

DATED: November 21, 2018

_____________________________

Christopher K. Lui

Judge of the Superior Court