BEULAH DEITCH VS ETHAN BROWN ESQ ET AL

Tentative Rulings

Case Number: ****3477    Hearing Date: February 03, 2020    Dept: 34

SUBJECT: Motion to Be Relieved as Counsel

Moving Party: Erin L. Grey, counsel for Plaintiff Beulah Deitch

Resp. Party: None

The motion to be relieved as counsel for Plaintiff Beulah Deitch is GRANTED.

BACKGROUND:

Plaintiff Beula Deitch commenced this action against Defendants on September 28, 2018 for: (1) fraud and rescission; (2) financial elder abuse; (3) declaratory relief; (4) breach of contract; and (5) breach of fiduciary duty. This case arises out of Defendants’ representation of Plaintiff in a financial elder abuse action. Plaintiff takes issue with Defendants’ staffing and billing relating to the underlying proceeding, asserting that (1) Defendants’ misrepresented the manner in which they would bill, (2) Mr. Brown was not involved as represented, and (3) Defendants’ billing was improper and excessive.

On February 28, 2019, the Court granted Defendants’ motion to compel arbitration.

On June 18, 2019, the Court found that the following cases BC686144, ****3477, and 19STCP02346, are related, with BC686144 as the lead case.

On January 2, 2020, Plaintiff’s counsel, Erin L. Grey, filed the instant motion to be relieved as counsel.

ANALYSIS:

An attorney moving to be relieved as counsel under California 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: (1) Notice of Motion and Motion to be Relieved as Counsel; (2) Declaration in Support of Attorney's Motion to be Relieved as Counsel; and (3) Order Granting Attorney's Motion to be Relieved as Counsel. (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).) Further, when the client is served by mail, the attorney's declaration must show that the client's address was confirmed within the last 30 days and how it was confirmed. (Id.) Absent a showing of resulting prejudice, an attorney’s request for withdrawal should be granted. (People v. Prince (1968) 268 Cal.App.2d 398, 406.)

Counsel’s Motion complies with all of the requirements of California Rules of Court, Rule 3.1362, in that Counsel provided a notice of motion and motion to be relieved as counsel; an order granting attorney’s motions to be relieved as counsel; and a declaration in support of the motion to be relieved as counsel. Additionally, the declaration states that Counsel’s client has been served by mail and Counsel confirmed by conducting a background search within the past 30 days that the addresses are current. (See Declaration, No. 3(a) and (b).) Counsel also filed a proof of service that demonstrating she served all other parties who have appeared in the case.

This motion in unopposed.

The motion to be relieved as counsel is GRANTED.