TERESA TORRES VS FOOD 4 LESS OF CA INC ET AL

Motion to be Relieved as Counsel

Having considered the moving papers, the Court rules as follows.

BACKGROUND

On September 21, 2017, Plaintiff Teresa Torres filed a complaint against Defendants Food 4 Less of California, Inc. dba Food 4 Less and The Kroger Co. for premises liability and general negligence arising from a slip and fall incident that occurred on September 28, 2015.

On September 25, 2019, Plaintiff’s counsel, Law Offices of Sharona Eslamboly Hakim filed the instant motion to be relieved as counsel.

On October 31, 2019, the Court continued the hearing on Plaintiff’s counsel motion to be relieved as counsel to allow time for seeking a trial continuance on an ex parte basis.

Trial is now set for June 3, 2020.

PARTY’S REQUEST

Plaintiff’s counsel, Law Offices of Sharona Eslamboly Hakim, seeks a court order relieving it as counsel for Plaintiff Teresa Torres in this matter.

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(2) is brought instead of filing a consent under Code of Civil Procedure section 284(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

Counsel has submitted forms MC-051, MC-052, and MC-053 in seeking to be relieved as counsel for Plaintiff Teresa Torres.

Counsel states in the declaration that there has been an irreparable breakdown in the attorney-client relationship to the extent that continued representation is impossible.  Counsel further declares that attorney-client communications have broken down.

Counsel has served the operative notice of motion, motion and declaration on Plaintiff and Defendant by U.S. mail.  Counsel has confirmed Plaintiff’s last known address within the past thirty days by telephone, conversation, and in person at counsel’s office.

The Court finds the motion is properly granted.  The Court has not been presented with any facts showing that Plaintiff would be prejudiced or that the orderly process of justice would be disrupted if the motion is granted.  Trial is more than six months

The motion is GRANTED.

Plaintiff’s counsel, Law Offices of Sharona Eslamboly Hakim, is 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.

Plaintiff’s counsel is ordered to give notice of this ruling.