JEFF WILSON VS WYNDHAM WORLDWIDE OPERATIONS, INC.

Tentative Rulings

Case Number: 19STLC03705    Hearing Date: March 17, 2021    Dept: 25

HEARING DATE: Wed., March 17, 2021 JUDGE /DEPT: Blancarte/25

CASE NAME: Wilson v. Wyndham Worldwide Operations, Inc.

CASE NUMBER: 19STLC03705 COMPL. FILED: 04-15-19

NOTICE: OK DISC. C/O: NONE

PROCEEDINGS: MOTION TO BE RELIEVED AS COUNSEL

MOVING PARTY: Plaintiff’s Counsel Paul Mankin

RESP. PARTY: None

MOTION TO BE RELIEVED AS COUNSEL

(CCP § 284(2); CRC rule 3.162)

TENTATIVE RULING:

Plaintiff’s Counsel Paul Mankin’s Motion to be Relieved is CONTINUED TO MAY 19, 2021 at 10:00 a.m. in Department 25 at the SPRING STREET COURTHOUSE. At least 16 court days before the next scheduled hearing, Plaintiff’s Counsel must file supplemental papers as requested herein. Failure to do so may result in the Motion being placed off calendar or denied.

SERVICE:

[X] Proof of Service Timely Filed (CRC, rule 3.1300) OK

[X] Correct Address (CCP §§ 1013, 1013a) OK

[X] 16/21 Court Days Lapsed (CCP §§ 12c, 1005(b)) OK

OPPOSITION: None filed as of March 15, 2021 [ ] Late [X] None

REPLY: None filed as of March 15, 2021 [ ] Late [X] None

ANALYSIS:

1. Background

On April 15, 2019, Plaintiff Jeff Wilson (“Plaintiff”) filed a complaint alleging negligence, breach of contract, and nuisance against Defendant Wyndham Worldwide Operations, Inc. (“Wyndham”). Plaintiff filed a First Amended Complaint on May 21, 2019 against Defendant Wyndham and Southbay Hospitality, LLC (“Southbay”).

On September 28, 2020, Plaintiff’s Counsel Paul Makin (“Counsel”) filed the instant Motion to Be Relieved as Counsel (the “Motion”). No opposition was filed.

1. Legal Standard

The court may order that an attorney be changed or substituted at any time before or after judgment or final determination upon request by either client or attorney and after notice from one to the other. (Code Civ. Proc. § 284, subd. (2).) “The determination whether to grant or deny a motion to withdraw as counsel lies within the sound discretion of the trial court.” (Manfredi & Levine v. Superior Court (1998) 66 Cal.App.4th 1128, 1133.) An application to be relieved as counsel must be made on Judicial Counsel Forms MC-051 (Notice of Motion and Motion), MC-052 (Declaration), and MC-053 (Proposed Order). (Cal. Rules of Court, rule 3.1362, subds. (a), (c), (e).)

In addition, California Rules of Court, rule 3.1362 subsection (d) requires that the notice of motion and motion, declaration, and proposed order be served on the client and all other parties who have appeared in the case by personal service, electronic service, or mail. If the notice is served by mail, it must be accompanied by a declaration stating facts showing that 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 or business address 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.

(Cal. Rules of Court, rule 3.1362, subd. (1)(A) & (2).)

1. Discussion

As an initial matter, the Court notes that Counsel’s Motion is incomplete. As noted above, an application to be relieved must be made on Counsel Forms MC-051 (Notice of Motion and Motion), MC-052 (Declaration), and MC-053 (Proposed Order). (Cal. Rules of Court, rule 3.1362, subds. (a), (c), (e).)

However, Counsel only filed the second page of Form MC-052. In addition, Counsel has not filed or served the proposed order on Form MC-053. Plaintiff’s Counsel is ordered to file and serve supplemental papers correcting these errors.

1. Conclusion & Order

For the foregoing reasons, Plaintiff’s Counsel Paul Mankin’s Motion to be Relieved is CONTINUED TO MAY 19, 2021 at 10:00 a.m. in Department 25 at the SPRING STREET COURTHOUSE. At least 16 court days before the next scheduled hearing, Plaintiff’s Counsel must file supplemental papers as requested herein. Failure to do so may result in the Motion being placed off calendar or denied.

Plaintiff’s Counsel is ordered to give notice.