Motion to be Relieved as Counsel (Judge Randy Hammock)

Case Number: BC612204??? Hearing Date: January 03, 2017??? Dept: 93

NANCY AMIR,
Plaintiff,

vs.

MOUSSA FAMININI, M.D.,
Defendant.

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

Counsel Neil M. Howard?s Motion to Be Relieved as Counsel of Cia Amir is GRANTED. It is so ordered and effective upon filing a proof of service of signed order allowing such withdrawal.

The court considered the moving papers.

BACKGROUND

On March 1, 2016, Nancy Amir filed a complaint against Moussa Faminini, M.D. for medical malpractice.
On June 29, 2016, Cia Amir, ind. and successor in interest to the estate of Nancy Amir, Al Amir Shaidi, and Farshad Amir filed a FAC.

On December 22, 2016, the court granted plaintiffs? counsel?s motions to be relieved as counsel of Al Amir Shaidi and Farshad Amir.

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)).

Under California Rules of Professional Conduct, 3-700(C), ?If rule 3-700(B) [mandatory withdrawal] is not applicable, a member may not request permission to withdraw in matters pending before a tribunal, and may not withdraw in other matters, unless such request or such withdrawal is because: (1) The client . . . . (d) by other conduct renders it unreasonably difficult for the member to carry out the employment effectively and (f) breaches an agreement or obligation to the member as to expenses or fees.?

DISCUSSION

Plaintiff Cia Amir?s attorney of record, Neil M. Howard, seeks to be relieved as counsel.

Counsel states in his declaration that there has been a total breakdown in the communication between plaintiffs and counsel Howard that prevents counsel from effectively prosecuting this action.

Counsel complied with CRC Rule 3.1362.

Trial is set for September 1, 2017; thus, there will be no prejudice to plaintiff.

Based on the foregoing, the motion is GRANTED.

Counsel is ordered to provide notice of this ruling, as well as the Order Granting Attorney?s Motion to Be Relieved.

IT IS SO ORDERED.

DATED: January 3, 2017

_____________________________
Randolph M. Hammock
Judge of the Superior Court