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.
The Court has considered the administrative and the supplemental records, the papers of the parties and the arguments of counsel, and it has admitted the administrative record into evidence but declined to receive the supplemental record in evidence as it was unnecessary to its determination. Accordingly, the Court now: ORDERS, ADJUDGES, AND DECREES that: 1.
Jun 20, 2021
Orange County, CA
At that time, this Court informed counsel for the Cross-Complainant that there was insufficient information regarding the defendants’ resources to properly determine punitive damages. When this Court stated that it appeared that all other damages sought appeared to be appropriate, counsel withdrew the punitive damages request.
Dec 21, 2020
Los Angeles County, CA
The following order was made on 10-20-20 and sent to Plaintiff's counsel.
Dec 14, 2020
Los Angeles County, CA
GAINS PROBATE EXAMINER NOTES-SUBJECT TO REVISION AFTER REVIEW BY THE JUDGE Continue to 2-18-2021, at request of counsel When to proceed, will Need: 1. Proof of mailing to Atty. Christopher Schweickert at address in petition or waiver of notice. Proof of Service attached to Notice filed 11-23-2020 reflects mailing to him at an address other than that listed in petition.
Dec 08, 2020
George
Contra Costa County, CA
Leland Snow to appear or doctor’s declaration stating inability to appear or waiver by counsel 3. Report of Atty. Constance Figuers (limited) CEDRIC SNOW JENNIFER L STENEBERG LELAND SNOW CONSTANCE H FIGUERS LESLIE A SNOW JENNIFER L STENEBERG PROBATE EXAMINER NOTES-SUBJECT TO REVISION AFTER REVIEW BY THE JUDGE Need: 1. Verified declaration in support of attorney’s fees paid as reported at paragraph 6.
Dec 07, 2020
George
Contra Costa County, CA
Proof of mailing to conservatee or waiver by counsel. PrC § 1460 3. Verified declaration by petitioner to clarify payments to AT&T. It appears amounts paid are excessive for periods in which conservatee lived in a care facility. 4. Original financial account statement(s) as required by PrC § 2620(c) (2), (3) 5. Original statements from the residential care facility PrC § 2620(c)(5) 6. Verified declaration by attorney to clarify whether fees were paid to attorney without a court order. PrC §2647 7.
Dec 07, 2020
George
Contra Costa County, CA
COUNTY HEALTH SERVICES DEPT COUNTY COUNSEL JANICE KITTREDGE TRACY S REGLI JOSCELYN JONES TORRU JOSCELYN JONES TORRU MARY E LEMAY
Dec 07, 2020
Fenstermacher
Contra Costa County, CA
In support of the current request for relief from default, defense counsel fully embraces all responsibility, and the record details staff changes, staff communication issues and health issues that contributed to the default and the delay in filing the stipulation. Defendant's counsel seeks relief under the mandatory relief provisions of CCP §473(b), but argues that he satisfies the requirements for discretionary relief as well.
Dec 04, 2020
Ventura County, CA
Court will dispense with further formal service on temporary guardian and minor’s counsel who appeared 8-2-19. 2. Per 9-20-19 minute order, court adopted the stipulation of parties and extended temporary guardianship until 3-31-2020. 3. Stipulation and Order filed 8-5-2020 extended guardianship through 12-31-2020.
Dec 04, 2020
George
Contra Costa County, CA
Return on Citation or waiver by counsel. PrC § 1824 4. Ginger Traver Bumgardner to appear, or doctor’s declaration stating inability or waiver by counsel 5. Verified declaration by petitioner confirming attendance at orientation class for unlicensed conservators. 6. Order Appointing Probate Conservator Form GC-340 (adopted 1-15-16) Notes: 1. Letters of Temporary Conservatorship expire 12/4/2020. 2. Objection filed by son, Garrison Traver 1-15-20. 3.
Dec 04, 2020
Fenstermacher
Contra Costa County, CA
Complete Form ICWA-030 and submit to courtroom clerk in Dept. 15 for mailing unless you are represented by counsel. CRC 5.481 The Court is still waiting for: A. Court Investigator’s Report B. Report of court-appointed counsel Michael Pierson Notes: Minor possibly has Cherokee ancestry JASMYN BUTLER MICHAEL PIERSON LATISHA WILSON MICHAEL WILSON PROBATE EXAMINER NOTES-SUBJECT TO REVISION AFTER REVIEW BY THE JUDGE Michael Wilson, grandfather of older sister, still needs to do the following: 1.
Dec 04, 2020
Fenstermacher
Contra Costa County, CA
Chen, et al. (19PSCV00181) _____________________________________________ Counsel for Cross-Defendant Golden Globalinks Corporation’s (i.e., Darling & Risbrough, LLP) MOTION TO BE RELIEVED AS COUNSEL Responding Party: None (unopposed, as of 11/19/20, 10:01 a.m.; due 11/19/20) Tentative Ruling Counsel for Cross-Defendant Golden Globalinks Corporation’s (i.e., Darling & Risbrough, LLP) Motion to Be Relieved as Counsel is GRANTED, contingent upon counsel for Globalink filing
Dec 04, 2020
Personal Injury/ Tort
Fraud
Los Angeles County, CA
The court concludes that the $495,000 class action settlement, as approved, is fair, adequate and reasonable, and approves the following specific awards: • $165,000 to plaintiff’s counsel for plaintiff’s attorneys’ fees, as requested; • $11,294.27 to plaintiff’s counsel for plaintiff’s attorney costs, as requested; • $5,000 to plaintiff Evelia Martinez as an enhancement award, reduced from the $7,500 requested; • $12,500 to the Administrator, CPT Group, Inc, as requested; and • $18,750 to the LWDA for its share
Dec 04, 2020
Orange County, CA
DUE TO THE ONGOING COVID-19 PANDEMIC, PARTIES AND COUNSEL ARE ENCOURAGED TO APPEAR VIA LA COURT CONNECT.
Dec 04, 2020
Personal Injury/ Tort
Fraud
Los Angeles County, CA
.: BC677305 Hearing Date: December 4, 2020 [TENTATIVE] order RE: motion to be relieved as counsel Attorney Tim D. Wright (“Counsel”) moves to be relieved as counsel for Plaintiff Michelle Mendez (“Plaintiff”). Counsel has filed forms MC-051 and MC-052 and has lodged with the Court a copy of the proposed order on form MC-053 as required. (Cal Rules of Court, rule 3.1362.) The basis for this motion is that communication between Counsel and Plaintiff has broken down, which constitutes good cause.
Dec 04, 2020
Los Angeles County, CA
.: 19STCV20929 Hearing Date: December 4, 2020 [TENTATIVE] order RE: motion to be relieved as counsel Attorney Sharona Eslamboly Hakim. (“Counsel”) moves to be relieved as counsel for Plaintiffs Charisse Strode and Kenneth Strode (“Plaintiffs”). Counsel has filed forms MC-051 and MC-052 and has lodged with the Court a copy of the proposed order on form MC-053 as required. (Cal Rules of Court, rule 3.1362.)
Dec 04, 2020
Personal Injury/ Tort
other
Los Angeles County, CA
Parties, counsel, and court reporters present are subject to temperature checks and health inquiries, and will be denied entry if admission could create a public health risk. The court encourages the parties wishing to argue to appear via L.A. Court Connect. For more information, please contact the court clerk at (213) 633-0517. Your understanding during these difficult times is appreciated.
Dec 04, 2020
Real Property
other
Los Angeles County, CA
No subsequent Notice of Deposition was ever served, despite the fact that SARC’s counsel communicated to Plaintiffs’ counsel in March 2020 that Lioudakis was the correct PMQ.
Dec 04, 2020
Los Angeles County, CA
The court concludes that the $27,500 PAGA and individual settlement is fair, adequate and reasonable, and approves the following specific awards: • $10,725 to plaintiff’s counsel for plaintiff’s attorneys’ fees, as requested; • $1,835.52 to plaintiff’s counsel for plaintiff’s attorney costs, as requested; • $11,675 to plaintiff Joanna Rodriguez for her individual settlement, as requested; • $2,448.36 to the LWDA as its share of PAGA penalties; and • $816.12 to the Aggrieved Employees as their share of PAGA penalties
Dec 04, 2020
Orange County, CA
The court concludes that the $1,500,000 class action settlement, as approved, is fair, adequate and reasonable, and approves the following specific awards: • $450,000 to plaintiff’s counsel for plaintiff’s attorneys’ fees ($247,500 (55%) to the Wand Law Firm, P.C. and $200,000 (45%) to the Law Office of Scott E. Wheeler), reduced from the requested $500,000; • $15,996.84 to plaintiff’s counsel for plaintiff’s attorney costs ($15,679.25 to the Wand Law Firm, P.C. and $317.59 to the Law Office of Scott E.
Dec 04, 2020
Orange County, CA
Counsel shall remain counsel-of-record until the Court’s orders are served and he files proof of service with the Court. Counsel shall provide notice. DATED: December 4, 2020 ___________________________ Stephen I. Goorvitch Judge of the Superior Court
Dec 04, 2020
Los Angeles County, CA
.: 18STCV09309 Hearing Date: December 4, 2020 [TENTATIVE] order RE: motion to be relieved as counsel The Law Offices of Jacob Emrani, APC (“Counsel”) moves to be relieved as counsel for Plaintiff David Shalom (“Plaintiff”). Counsel has filed forms MC-051 and MC-052 and has lodged with the Court a copy of the proposed order on form MC-053 as required. (Cal Rules of Court, rule 3.1362.) The basis for this motion is a breakdown in communication between Plaintiff and Counsel, which constitutes good cause.
Dec 04, 2020
Los Angeles County, CA
The Court orders Counsel to serve a copy of this order, as well as a copy of the Court’s order on Form MC-053, upon all parties including Plaintiff within ten (10) days. The Court orders Plaintiff’s counsel to file proof of service within twenty (20) days. Counsel shall remain counsel-of-record until the Court’s orders are served and he files proof of service with the Court. Counsel shall provide notice. DATED: December 4, 2020 ___________________________ Stephen I. Goorvitch Judge of the Superior Court
Dec 04, 2020
Los Angeles County, CA
Thus, while defense counsel may have warned Plaintiff of their future intention to file a dispositive motion and seek sanctions, this does not amount to a violation of Plaintiff’s rights. It is unclear how this is a ground upon which she is seeking to disqualify counsel. For these reasons, the motion is denied. CONCLUSION AND ORDER Plaintiff’s motion to disqualify counsel is denied. Defendants City of Torrance and Jon Megeff shall give notice of this order.
Dec 04, 2020
Personal Injury/ Tort
Fraud
Los Angeles County, CA
Counsel must file supplemental papers addressing the court’s concerns (not fully revised papers that would have to be re-read) at least 16 days before the next hearing date. Counsel must submit an amendment to the settlement agreement rather than any amended settlement agreement. Counsel also must provide a red-lined version of any revised papers, including the proposed letter to the aggrieved employees.
Dec 04, 2020
Orange County, CA
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