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. Ramirez v. Sturdevant (1994) 21 Cal.App.4th 904, 915; People v. Prince (1968) 268 Cal.App.2d 398. An attorney may be recused “[u]pon the order of the court, upon the application of either client or attorney, after notice from one to the other.” Code Civ. Proc., § 284.
“The attorney in an action or special proceeding may be changed at any time before or after judgment or final determination, as follows:
Code of Civil Procedure, § 284.
“It has long been recognized in this state that the client’s power to discharge an attorney, with or without cause, is absolute. In discussing the unique relationship between attorney and client, this court stated that ‘The interest of the client in the successful prosecution or defense of the action is superior to that of the attorney, and he has the right to employ such attorney as will in his opinion best subserve his interest. The relation between them is such that the client is justified in seeking to dissolve that relation whenever he ceases to have absolute confidence in either the integrity or the judgment or the capacity of the attorney... The fact that the attorney has rendered valuable services under his employment, or that the client is indebted to him therefor, or for moneys advanced in the prosecution or defense of the action, does not deprive the client of this right.’” Fracasse v. Brent (1972) 6 Cal.3d 784, 790.
“As a general rule, a client has the right to replace his or her attorney at virtually any time with or without cause.” People v. Ortiz (1990) 51 Cal.3d 975, 983; People v. Courts (1985) 37 Cal.3d 784, 789–790; Fracasse v. Brent (1972) 6 Cal.3d 784, 790; Michelle K. v. Super. Ct. (2013) 221 Cal.App.4th 409, 449. “A party has the right to be represented by counsel of his or her choice. Therefore, the client’s right to recuse (substitute out) existing counsel is absolute. I.e., on proper notice to the existing counsel and to all other parties, the client is entitled to a court order substituting new counsel, or substituting the client in propria persona.” Weil & Brown, Civ. Proc. Before Trial (The Rutter Group 2016) ¶ 9:382.
An attorney moving to be relieved as counsel under Code of Civil Procedure, section 284(2) must meet the requirements set out in California Rules of Court, rule 3.1362. To comply with rule 3.1362, the moving party must submit the following forms:
Cal. Rules of Court, rule 3.1362(a), (c), (e).
The moving party must serve the aforementioned forms on the client and all other parties who have appeared in the case. Cal. Rules of Court, rule 3.1362(d).
Even if all of the requirements are met, “the court has discretion to deny an attorney’s request to withdraw where such withdrawal would work an injustice or cause undue delay in the proceeding.” Mandell v. Super. Ct. (1977) 67 Cal.App.3d 1, 4.
Notice Of Motion To Recuse Counsel Of Record For Plaintiff Leslie Finley Matter on calendar for Thursday, November 13, 2014, Line 16, DEFENDANTS DREXEL BRADSHAW, BRADSHAW AND ASSOCIATES, P.C.'S Motion To Recuse Counsel Of Record For Plaintiff Leslie Finley. Motion denied. California Rule of Professional Conduct 5-210 provides that an attorney may act as an advocate before a jury which will h...
..th 573, 579.) Defendant here has not shown that any detriment will be incurred by Defendant as a result of Plaintiff's counsel providing testimony at trial. Defendant also has not shown prejudice based on Plaintiff's counsel testifying as a witness because if counsel's opinion is based on privileged information, Plaintiff has the right to waive that privilege, rending the information discoverabl...
Nov 13, 2014
San Francisco County, CA
SUBJECT: Motion to recuse counsel Moving Party: Defendant Manzella Properties LLC (“moving party”) Resp. Party: Defendant Manzella Properties LLC (“responding party”) The moving party’s motion is GRANTED. Respondent’s Request for Judicial Notice of Exh. A is GRANTED. The Court takes judicial notice of the existence and filing of this document, but as the truth of the facts asserted in...
..anzella Properties LLC. The nominal issue presented by this motion is which law firm represents Manzella Properties. The real issue is who has the right to determine which counsel represents Manzella Properties – i.e., who controls Manzella Properites. As indicated below, Joseph and Michelle Manzella are the majority shareholders of Manzella Properties; they have the ability to determine which...
Sep 26, 2016
Los Angeles County, CA
7. BC604281 ORLANDO CORDON v EUGENE N. SUN Motion for: 1. Defendant, Eugene Sun a) Order compelling the Plaintiff to serve further responses to the Defendants’ form interrogatories; order imposing monetary sanctions. b) Order compelling the Plaintiff to serve further responses to the Defendants’ special interrogatories; order imposing monetary sanctions. c) Order recusing Plaintiff’s counsel ...
..motion to compel further responses to special interrogatories; 3) the Defendant’s motion to recuse Plaintiff’s counsel; and 4) the Plaintiff’s motion to compel the deposition of the Defendant. 1. Defendant’s Motions to Compel Further Responses The Defendant requests that the Court order the Plaintiff to serve further responses to his form and special interrogatories. CCP section 2030.300 the...
Jul 28, 2017
Personal Injury/ Tort
Los Angeles County, CA
Plaintiff’s Motion to Recuse Former Counsel Cable Gallagher. Plaintiff moves for a court order to substitute plaintiff’s initial counsel of record in this litigation for replacement counsel that plaintiff has retained. Plaintiff argues: plaintiff has been effectively abandoned by initial counsel, the Cable Gallagher firm; plaintiff has retained a new law firm to represent him in this action; and p...
..e motion in the court’s file. “The attorney in an action or special proceeding may be changed at any time before or after judgment or final determination, as follows: ¶ 1. Upon the consent of both client and attorney, filed with the clerk, or entered upon the minutes; ¶ 2. Upon the order of the court, upon the application of either client or attorney, after notice from one to the other.” (Code of...
Mar 14, 2019
El Dorado County, CA
Nature of Proceedings: Motion This matter was last on calendar on 1/6/10. On 1/19 mother filed additional declaration of mother. She attaches email #8 (is she spiraling out? etc), #9 (Tommy is demonstrating increasing maturity; subtle shifts occurring; thrust of efforts be shared; confidential, etc) Mother provided further briefing. She reminds the Court that mother had brought a motio...
..is no court order for the appointment of the mediator, and (3) a MSA not merged into a judgment is only a contract subject to contract defenses. She concludes with asserting that she does not seek reconsideration of her motion and that father now seeks a preemptive attack on mother’s equitable defenses; if father believes he has an enforceable contract as to the mediator he should bring an action...
Jan 26, 2010
Santa Barbara County, CA
Plaintiff’s (Jamie Castro) unopposed Motion to Recuse Plaintiff’s Counsel, Howard D. Silver (Motion), filed on 5-23-19, is GRANTED on the condition that Plaintiff files proof of proper service on Mr. Silver and all parties in this action before the hearing on this motion. If Plaintiff does not file a proper proof of service, the court will discuss a continuance date with the parties at the hearing...
..om one to the other.” It does not appear that California Rules of Court 3.1362 applies to Plaintiff’s Motion because that rule applies to motions brought by counsel. Specifically, California Rules of Court, rule 3.1362 (a), a motion to be relieved “. . . must be directed to the client.” Here, Plaintiff has brought the motion to recuse Mr. Silver under Code of Civil Procedure section 284. The court...
Aug 20, 2019
Orange County, CA
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Kern County, CA
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