RAMON REYES MICHEL VS LOS ANGELES COUNTY MTA ET AL

Motion to be Relieved as Counsel

Having considered the moving papers, the Court rules as follows. opposing papers have been filed.

BACKGROUND

On February 7, 2017, Plaintiff Ramon Reyes Michel (“Plaintiff”) filed a complaint against Defendants Los Angeles County Metropolitan Transpiration Authority alleging negligence, negligence per se, statutory liability, and various violations of the Government Code for a bicycle-automobile collision that occurred on April 15, 2016.

On January 19, 2018, Plaintiff filed an amendment to his complaint renaming Doe 1 as Defendant MV Transportation, Inc.

On January 4, 2019, the Court dismissed Defendant Los Angeles County Metropolitan Transportation Authority without prejudice.

On October 17, 2019, Plaintiff’s counsel, Laura Davidson and Bretil Beitmirza, filed a motion to be relieved as counsel pursuant to California Code of Civil Procedure section 284, subdivision (2).

An Order to Show Cause Re: Dismissal (Settlement) (Conditional) is set for November 20, 2019.

PARTIES’ REQUESTS

Plaintiff’s counsel, Laura Davidson and Bretil Beitmirz, seek to be relieved as counsel due to an inability to contact or locate Plaintiff.

LEGAL STANDARD

California Rule of Court rule 3.1362 (Motion to Be Relieved as Counsel) requires (1) notice of motion and motion to be directed to the client (made on the Notice of Motion and Motion to be Relieved as Counsel—Civil form (MC-051)); (2) a declaration stating in general terms and without compromising the confidentiality of the attorney-client relationship why a motion under Code of Civil Procedure section 284, subdivision (2) is brought instead of filing a consent under Code of Civil Procedure section 284, subdivision (1) (made on the Declaration in Support of Attorney's Motion to Be Relieved as Counsel—Civil form (MC-052)); (3) service of the notice of motion and motion and declaration on all other parties who have appeared in the case; and (4) the proposed order relieving counsel (prepared on the Order Granting Attorney's Motion to Be Relieved as Counsel—Civil form (MC-053)).

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. (See Ramirez v. Sturdevant (1994) 21 Cal.App.4th 904, 915.)

DISCUSSION

Plaintiff’s counsel completed forms MC-051, MC-052, and MC-053.  All three of these documents were served on Plaintiff and Defendant MV Transportation, Inc. on October 17, 2019 by U.S. mail.  Plaintiff’s counsel declares Plaintiff has not responded to correspondences and cannot be located. have not been able to make contact with Plaintiff since approximately June of 2019.  Plaintiff’s counsel have called and mailed Plaintiff, conducted two Trans-union TLPO XP skip trace searches in discovering possible new contact information, and hired a personal investigation service to locate Plaintiff.  None of these efforts have resulted in contacting or locating Plaintiff.  As such, there has been a breakdown in the attorney-client relationship.

The Court finds the motion must be granted. claration sufficiently shows why this motion was filed and justifies relieving Plaintiff’s counsel as such.  Plaintiff’s counsel have been diligent in seeking to make contact with Plaintiff to no avail.  Additionally, there is no evidence presented or arguments made showing there would be prejudice to Plaintiff or a disruption to the orderly process of justice in granting the motion.

Accordingly, the motion is GRANTED.

Laura Davidson and Bretil Beitmirz are relieved as counsel for Plaintiff effective upon the filing of the proof of service of Order Granting Attorney’s Motion to be Relieved as Counsel–Civil form MC–053.

The Court continues the hearing on the Order to Show Cause Re: Dismissal (Settlement) (Conditional) to February 20, 2020 at 8:30 a.m. in Department 4A of the Spring Street Courthouse.

Laura Davidson and Bretil Beitmirz are ordered to give notice of this ruling.