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
Counsel for Emanate is admonished. Counsel is instructed to comply with the court’s General Order in future filings. Sealing On August 2, 2019, Emanate filed a “Notice of Lodging. . . Motion for Summary Adjudication of Issues Conditionally Under Seal,” a “Notice of Lodging. . . Separate Statement of Undisputed Material Facts in Support of. . . Motion for Summary Judgment, or in the Alternative, Summary Adjudication of Issues” and a “Notice of Lodging Compendium of Evidence in Support of. . .
Aug 06, 2020
Business
Intellectual Property
Los Angeles County, CA
Counsel for defendant filed a Proposed Judgment the same day, seeking attorneys’ fees pursuant to a subsequent motion. On February 5, 2020, the plaintiff filed an Objection to the Proposed Judgment on the ground that the lease in question had been modified to strike the Attorneys’ Fees clause, attaching an unverified document purporting to delete the clause. However, no declaration of the any witness authenticated that document.
Aug 03, 2020
Los Angeles County, CA
Board of Fire and Police Pension Commissioners’ counsel, Christopher E. Deal, declares that “the proposed amendment could not be made earlier because trial counsel substituted into this matter on December 27, 2019, and identified the necessity of the amendment as soon as was practical upon getting up to speed on this lawsuit.” (Deal Decl., ¶ 8.)
Jul 29, 2020
Personal Injury/ Tort
Fraud
Los Angeles County, CA
Defense counsel represents she met and conferred by letter when Defendants were contemplating filing an earlier demurrer, and because the amended complaint did not cure the identified deficiencies, defense counsel determined further meet-and-confer efforts were unnecessary. These efforts do not comply with the statutory requirements, which exist to determine whether the parties can reach an agreement as to the issues raised in the demurrer and motion to strike.
Jul 26, 2020
Personal Injury/ Tort
Fraud
Los Angeles County, CA
It was not until 1/22/20 that plaintiff’s counsel Mr. Tamer responded to the deposition notice indicating that he was not available on 1/24/20 and asking for dates in late February 2020. At that time, trial was set for late February. On 1/29/20, Mr. Tamer indicated that 2/3/20 would be an available date for the deposition but it turns out that defense counsel Mr. Malek was unavailable. On 1/30/20, Mr. Tamer was offered 2/4/20 for the deposition of his client. Mr.
Jul 24, 2020
Los Angeles County, CA
Proposed order Counsel has requested continuance to August 7, 2020 to be heard concurrently with Petition for Appointment of Guardian ADRIAN HERNANDEZ FERNANDO ZUNIGA HERNANDEZ MALCOLM FEIED Need appearances MARC GRADSTEIN MARC GRADSTEIN OLIVER ALEXANDER GREENWOOD
Jul 20, 2020
George
Contra Costa County, CA
Report of court-appointed counsel Carolyn Cain CAROL BERRY MELYSSA GREENBERG MICHAEL JOHNSON NICOLE BERRY ROBERT GREENBERG SICILY BAUGHMAN CAIN & CAIN PROBATE EXAMINER NOTES-SUBJECT TO REVISION AFTER REVIEW BY THE JUDGE Brian Hudson Jr., father, still needs to do the following: 1. Serve a Notice of Hearing and a copy of the petition on all parties entitled to notice, and file a proof of service with the Court 2.
Jul 20, 2020
George
Contra Costa County, CA
Report of court-appointed counsel Daniel Vaughn Note: The petition is not in the file for review. The Court requests that counsel provide a courtesy copy to the probate examiners LENORE THOMPSON RONALD K. MULLIN LEO F. BAUTISTA TRACY S REGLI MICHELLE ROBERTSON ROBERT ROBERTSON DANIEL S. VAUGHAN PROBATE EXAMINER NOTES-SUBJECT TO REVISION AFTER REVIEW BY THE JUDGE Michelle Robertson, daughter, still must do the following: 1. Appear at the hearing 2.
Jul 17, 2020
George
Contra Costa 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 CourtCall. For more information, please contact the court clerk at (213) 633-0517. Your understanding during these difficult times is appreciated.
Jul 17, 2020
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 CourtCall. For more information, please contact the court clerk at (213) 633-0517. Your understanding during these difficult times is appreciated.
Jul 17, 2020
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 CourtCall. For more information, please contact the court clerk at (213) 633-0517. Your understanding during these difficult times is appreciated.
Jul 17, 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 CourtCall. For more information, please contact the court clerk at (213) 633-0517. Your understanding during these difficult times is appreciated.
Jul 17, 2020
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 CourtCall. For more information, please contact the court clerk at (213) 633-0517. Your understanding during these difficult times is appreciated.
Jul 17, 2020
Los Angeles County, CA
Return on Citation or waiver by counsel. PrC § 1824 3. Capacity Declaration (Judicial Council Form GC-335) to show whether proposed conservatee lacks capacity to give informed medical consent. PrC § 1890 4. Verified declaration by petitioner to estimate value of estate so court has sufficient facts to fix bond. 5. Order Appointing Probate Conservator Form GC-340 (adopted 1-15-16) The Court is waiting for these items: 1.
Jul 16, 2020
George
Contra Costa County, CA
The Llerenas’ counsel, James Klinkert (“Klinkert”) has submitted a declaration, wherein he corroborates his hourly rate and attaches billing records. (Klinkert Decl., ¶7, Exh. C.) Klinkert represents that for the past 30 plus years he has been a civil litigator emphasizing real estate, construction and business matters. (Id., ¶6).
Jul 16, 2020
Personal Injury/ Tort
Fraud
Los Angeles County, CA
On May 15, 2020, Plaintiffs’ counsel Robert Glassman (“Glassman”) advised Morris that DS Services’ April 28, 2020 designation was “improper, deficient and ha[d] no effect,” on the basis that (1) Morris had not informed the reporter or counsel during Coombs’ deposition that Morris intended to deem it confidential nor did Morris sent a letter to the reporter or counsel within 30 days of the final deposition transcript signed and certified by the court reporter on March 9, 2020 designating by page and line any
Jul 16, 2020
Personal Injury/ Tort
Products Liability
Los Angeles County, CA
., in this department, to allow plaintiff’s out-of state attorney to submit a written application to appear as counsel pro hac vice and to associate local counsel as attorney of record. An applicant to appear pro hac vice must pay a fee of $50.00 to the State Bar of California. Cal. Rules of Court, Rule 9.40, subd. (e).
Jul 15, 2020
Santa Barbara County, CA
Approve $1,000 in legal fees to County Counsel. (Prob. C. § 15688.) Approve the proposed final distribution of the trust estate to the deceased beneficiary Margret Appel's estate representative. ______________ The court discourages in-person appearances in Department J6 during the COVID-19 pandemic period. Appearances in Department J6 should be made by CourtCall (audio or video) whenever possible. A very limited number of people will be allowed in Department J6 at one time to comply with safety protocols.
Jul 15, 2020
Probate
Trust
Ventura County, CA
Approve $11,600 in statutory fees to Petitioner's counsel. Petitioner waives his fees. The proposed final distribution of the estate to Petitioner is consistent with the laws of intestacy and the assignments of interest executed by all of the other intestate heirs. _______________ The court discourages in-person appearances in Department J6 during the COVID-19 pandemic period. Appearances in Department J6 should be made by CourtCall (audio or video) whenever possible.
Jul 15, 2020
Ventura County, CA
Court may appoint counsel for beneficiary Ronald Wulfderdinger. RHO-NEE WULFE OLIVER ALEXANDER GREENWOOD THE RONALD WULFERDINGER SPECIA
Jul 15, 2020
George
Contra Costa County, CA
Report of court-appointed counsel Susan Aglietti DARYL GUGGIANA ANGELO J LAGORIO SHIRLEE GUGGIANA ANGELO J LAGORIO VANESSA JEAN GUGGIANA SUSAN AGLIETTI PROBATE EXAMINER NOTES-SUBJECT TO REVISION AFTER REVIEW BY THE JUDGE Robert Long and Claudia Long, grandfather and aunt, need to do the following: 1. Appear at the hearing 2.
Jul 15, 2020
George
Contra Costa County, CA
Report of court-appointed counsel Michael Pierson Note: Letters of Temporary Guardianship expire 11/10/2020 AMBER L BLACKMON ASHANTI K WALKER SAMUEL ERIC HOLLAND MICHAEL PIERSON PROBATE EXAMINER NOTES-SUBJECT TO REVISION AFTER REVIEW BY THE JUDGE Continued to 7/24/2020 per Stipulation signed by counsel and filed 6/8/2020 DALLAD ROBINSON KANYA STILES KYLA J HALE PATRICIA V COOPER JACQUIE GEVELINGER ZACHARY T ROBINSON ZARIAH K ROBINSON LITA PETTUS-DOTSON
Jul 15, 2020
George
Contra Costa County, CA
COUNTY COUNSEL JOHN SEQUEIRA TRACY S REGLI
Jul 15, 2020
George
Contra Costa County, CA
RE: MOTION TO BE RELIEVED AS COUNSEL FILED ON 12/04/19 BY CAROLYN D CAIN PROBATE EXAMINER NOTES-SUBJECT TO REVISION AFTER REVIEW BY THE JUDGE Need appearances Note: Hearing on First Account and Report set for 7/22/2020 ALL PERSONS UNKNOWN CLAIMING A CAROLYN D CAIN CAROLYN D CAIN KAREN BEZAT CAROLYN D CAIN MARY PHOTOS OLIVER W. BRAY PACIFIC MOBILE IV, ROBERT MEJIA PROBATE EXAMINER NOTES-SUBJECT TO REVISION AFTER REVIEW BY THE JUDGE Need: 1. Appearances to report status 2.
Jul 15, 2020
George
Contra Costa County, CA
Please wait a moment while we gather your results.
