Judge: Lynette Gridiron Winston, Case: 22PSCV01581, Date: 2024-04-29 Tentative Ruling

Case Number: 22PSCV01581    Hearing Date: April 29, 2024    Dept: 6

CASE NAME:   Shamel Nelson v. Country Oaks Partners, LLC, et al. 

Motion to be Relieved as Plaintiff’s Counsel 

TENTATIVE RULING 

The Court DENIES the motion to be relieved as Plaintiff’s counsel without prejudice. 

Counsel is ordered to give notice of this ruling and file proof of service of same within five calendar days. 

BACKGROUND 

This is a medical malpractice and elder abuse action. On October 31, 2022, Shamel Nelson, successor in interest to Gloria McKeiver, deceased (Plaintiff) filed this action against defendants Country Oaks Partners, L.L.C., a limited liability company doing business as Country Oaks Care Center (Country Oaks), Pomona Valley Hospital Medical Center, a corporation doing business as Pomona Valley Hospital Medical Center (Pomona Valley), and Does 1 through 110, alleging two causes of action for medical negligence against Country Oaks and Pomona Valley separately, two causes of action for reckless neglect of an elder person in violation of the Elder Abuse and Dependent Adult Protection Act against Country Oaks and Pomona Valley separately, and one cause of action for violation of patient’s bill of rights against both Country Oaks and Pomona Valley. 

On March 22, 2024, Brian Van Allen of Belgum, Fry & Van Allen LLP, counsel for Plaintiff, filed a motion to be relieved as counsel. The motion is unopposed. 

LEGAL STANDARD

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; People v. Prince (1968) 268 Cal.App.2d 398, 403-407.) 

A motion to be relieved as counsel must be made on Judicial Council Form 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).) The requisite forms must be served “on the client and on all parties that have appeared in the case.” (Cal. Rules of Court, Rule 3.1362, subd. (d).) 

DISCUSSION 

Brian Van Allen of Belgum, Fry & Van Allen LLP (Counsel), seeks to be relieved as counsel for Plaintiff on the grounds that an irreconcilable breakdown in the attorney-client relationship has occurred. (Van Allen Decl., ¶ 2.) A breakdown in the attorney-client relationship is sufficient grounds for allowing the attorney to withdraw. (Estate of Falco (1987) 188 Cal.App.3d 1004, 1014.) 

However, the proof of service of the Motion and Declaration do not indicate that such documents were served on Plaintiff. Further, Counsel failed to file and serve a copy of the proposed order, as is required under subdivisions (d) and (e) of the California Rules of Court. (Cal. Rules of Court, rule 3.1362, subds. (d), (e).) 

Therefore, the Court DENIES the motion without prejudice. 

CONCLUSION 

The Court DENIES the motion to be relieved as Plaintiff’s counsel without prejudice. 

Counsel is ordered to give notice of this ruling and file proof of service of same within five calendar days.