Case Number: TC028348??? Hearing Date: April 11, 2017??? Dept: B
# 2. Leon vs. CLMET Services, Inc.
Case No.: TC028348
Matter on calendar for: Unopposed Motion to be Relieved as Counsel
Notes:
Tentative ruling:
Next dates: CMC ? 4.21.17; FSC ? 8.14.17; Jury Trial ? 8.21.17
Notice:
2. Lettie Leon v. Calmet Services, Inc. et al.
Case No.: TC028348
Matter on calendar for: Unopposed motion to be relieved as counsel
Tentative ruling:
I. Background
Plaintiff Lettie Leon filed this wrongful termination, workplace harassment, and retaliation case on January 7, 2016.
Plaintiff?s counsel, Michael C. Bock, has timely moved the Court to relieve him as counsel on the grounds that ?an irreconcilable conflict has arisen between counsel and Plaintiff as the result of a complete breakdown in communications with Plaintiff. This breakdown began several months ago, and is ongoing as of the date of this declaration.? (See Bock Decl.)
Counsel served his client by mail after confirming, within the past 30 days, that the client?s mailing address is current through a skip trace. (Id.) Counsel has also submitted a proposed order, and timely and accurately gave notice to both his client and opposing counsel.
There is no opposition. The scheduled future hearings/trial dates are the following:
? April 24, 2017 CMC and OSC re: sanctions against Plaintiff?s counsel for failure to appear at the March 20, 2017 OSC re: mediation completion and failure to cooperate in mediation
? August 14, 2017 FSC
? August 21, 2017 Jury Trial
II. Applicable law
An attorney in an action may be changed at any time before or after judgment or final determination ?upon the order of the court, upon the application of either client or attorney, after notice from one to the other.? (CCP ? 284(2).)
Under Code of Civil Procedure (?CCP?) ? 1005(b), moving and supporting papers need to be filed at least 16 court days before the hearing. Under CCP ?? 1005(b) and 1013(a), moving and supporting papers served by mail need to be served no later than 16 court days plus 5 calendar days before the hearing.
California Rule of Court (?CRC?) 3.1362(a)-(e) also requires:
(1) Notice of motion and motion must be directed to the client and made on the Notice of Motion and Motion to be Relieved as Counsel Civil form (MC-051);
(2) Filing of a declaration stating in general terms, and without compromising the confidentiality of the attorney client relationship, why a motion under CCP ? 284(2) is brought instead of filing a consent under CCP ? 284(1). This declaration must be 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, declaration, and proposed order on the client and all other parties who have appeared in the case. If the notice is served on the client by mail, the notice must be accompanied by a declaration stating facts showing either (a) the service address is the current residence or business address of the client, or (b) the service address is the last known residence of the client and the attorney has been unable to locate a more current address after making reasonable efforts to do so within 30 days before the filing of the motion to be relieved; and
(4) Lodging of a proposed order relieving counsel, which must be prepared on the Order Granting Attorney’s Motion to Be Relieved as Counsel Civil form (MC-053), and which must be lodged with the moving papers. The order must specify all hearing dates scheduled in the action or proceeding.
The motion should be denied if withdrawal would prejudice the client under Rules Prof. Conduct, Rule 3-700(A)(2), or if withdrawal will cause undue delay in the proceeding or cause injustice. (See Mandell v. Superior Court (1977) 67 Cal.App.3d 1, 4.) The determination whether to grant or deny an attorney?s motion to withdraw as counsel of record lies within the sound discretion of the trial court. (See Lempert v. Superior Court (2003) 112 Cal.App.4th 1161, 1173.)
III. Analysis & Ruling
The Court grants this motion because counsel has complied with the requirements, and there is no evidence that his withdrawal would prejudice the client, unduly delay proceedings, or cause injustice. The OSC set for April 24, 2017 is discharged. The CMC set for that date is continued to June 12 at 8:30 AM.
The Court will sign the proposed order. It will become effective upon filing of proof of service upon Ms. Leon.
Next dates: CMC? 6.12.17; FSC ? 8.14.17; Trial ? 8.21.17
Notice: Moving party to give notice, including notice of the new CMC date.