Motion to Be Relieved as Counsel
Defendant and all Cross-Defendants are grouped together in the FACC, such that Defendant Nieto’s role in the events and actions of this case are unclear. (See e.g., Williams v. Beechnut Nutrition Corp. (1986) 185 Cal.App.3d 135, 139, fn. 2 [when plaintiff joins multiple causes of action as one, fails to properly identify each cause of action, or fails to state against which party each cause of action is asserted if there are multiple defendants, complaint is uncertain.].)
An agreement between the parties to stipulate to Cross-Complainant filing a second amended cross- complaint that clearly delineates Cross-Defendant Nieto’s role and the basis for liability against Cross-Defendant Nieto may easily resolve some or all of the issues raised in the demurrer and/or motion to strike.
Therefore, the court will continue the demurrer and motion to strike and order that the parties meet and confer regarding the issues raised in the demurrer and motion to strike.
Cross-Defendant Nieto shall give notice of this ruling.
10 Motion to Amend 30-2024-01393270 Kenneth Craig Haase’s Motion for Leave to File Amended Answer was CONTINUED to May 26, Hodgson vs. Haase 2026 at 9:00 a.m. in Department N15 pursuant to the court’s orders issued May 7, 2026. (See ROA #251.)
11 Motion for Compliance 30-2025-01488610 Defendant General Motors LLC’s Motion for Compliance Pursuant to C.C.P. § 871.26 is TAKEN Foley vs. General Motors, LLC OFF CALENDAR pursuant to the Request for Dismissal of the entire action of all parties and all causes of action filed April 20, 2026 (ROA #58).
12 Motion to Be Relieved as Counsel
Counsel Anthony Werbin, Esq.’s Motion to Be Relieved as Counsel for Plaintiff Sergio Reyna Hernandez vs. Starbucks Hernandez is GRANTED/DENIED. Corporation
Counsel Anthony Werbin, Esq. is ORDERED to submit to this court a proposed Order Granting Attorney’s Motion to Be Relieved as Counsel – Civil (Form MC-053), that is completely and correctly completed, within 10 days of this ruling.
Within 15 days of receiving the signed Form MC- 053 back from the court, Counsel Anthony Werbin, Esq. is ORDERED to serve Plaintiff Sergio Reyna Hernandez with the signed Form MC-053 and notice of this ruling, in the manner described in Rules of Court rule 3.1362(d).
Counsel Anthony Werbin, Esq. shall be relieved as counsel of record for Plaintiff Sergio Reyna Hernandez effective upon the filing of a proof of service showing timely service of the signed Form MC-053 and notice of this ruling.
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Pending Motion
Counsel Anthony Werbin, Esq. (Counsel) moves to be relieved as counsel for Plaintiff Sergio Reyna Hernandez.
Standard to Be Relieved as Counsel
“The attorney in an action or special proceeding may be changed at any time before or after judgment or final determination . . . [u]pon the order of the court, upon the application of either client or attorney, after notice from one to the other.” (Code Civ. Proc., § 284.)
The notice of motion and motion to be relieved as counsel under Civil Procedure Code section 284 shall be directed to the client and shall be made on the Judicial Council’s Notice of Motion and Motion to Be Relieved as Counsel-Civil form (Form MC-051). (Cal. Rules of Court, rule 3.1362(a).)
No memorandum is required for the motion. (See Cal. Rules of Court, rule 3.1362(b).)
However, “[t]he motion to be relieved as counsel must be accompanied by a declaration on the Declaration in Support of Attorney's Motion to Be Relieved as Counsel – Civil (form MC-052). The declaration must state 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).” (Cal. Rules of Court, rule 3.1362(c), italics original.)
In addition, “[t]he proposed order relieving counsel must be prepared on the Order Granting Attorney's Motion to Be Relieved as Counsel--Civil (form MC-053) and must be lodged with the court with the moving papers.” (Cal. Rules of Court, rule 3.1362(e), italics original.)
Motions to be relieved as counsel “must be served on the client and on all other parties who have appeared in the case” and service must be made by “personal service, electronic service, or mail.” (Cal. Rules of Court, rule 3.1362(d).)
If the motion is served by mail, it shall be accompanied by a declaration stating facts showing either that (1) the service address is the current residence or business address of the client or (2) 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 prior to filing the motion. (Cal. Rules of Court, rule 3.1362(d)(1).)
“As used in this rule, ‘current’ means that the address was confirmed within 30 days before the filing of the motion to be relieved. Merely demonstrating that the notice was sent to the client's last known address and was not returned or no electronic delivery failure message was received is not, by itself, sufficient to demonstrate that the address is current.” (Ibid.)
If the motion is served by electronic mail, “it must be accompanied by a declaration stating that the electronic service address is the client's current electronic service address.” (Cal. Rules of Court, rule 3.1362(d)(2).)
The motion may be brought on various grounds, some of which include the client’s failure to pay attorney fees, (People v. Prince (1968) 268 Cal.App.2d 398, 406); the client’s insistence on an action that is not justified under existing law or by good faith argument, (Estate of Falco v. Decker (1987) 188 Cal.App.3d 1004, 1015); and a conflict of interest between counsel and the client, (Aceves v. Superior Court (1996) 51 Cal.App.4th 584, 592.)
However, under the Rules of Professional Conduct, “a member shall not terminate a representation until the lawyer has taken reasonable steps to avoid reasonably foreseeable prejudice to the rights of the client, such as giving the client sufficient notice to permit the client to retain other counsel, and complying with paragraph (e).” (Rules Prof. Conduct, rule 1.16(d); see Ramirez v. Sturdevant (1994) 21 Cal.App.4th 904, 915.)
Thus, the court has discretion to deny a motion to be relieved as counsel where discharging counsel would result in “undue prejudice to the client’s interests, ” (Ramirez vs. Sturdevant (1994) 21 Cal.App.4th 904, 915), or “an unreasonable disruption of the orderly processes of justice,” (People v. Ortiz (1990) 51 Cal.3d 975, 979). The court may also deny an attorney’s request to withdraw “where such withdrawal would work an injustice or cause undue delay in the proceeding”. (Mandell v. Superior Court (1977) 67 Cal.App.3d 1, 4.) However, such discretion is to be exercised reasonably. (Ibid.)
In this case, Counsel has complied with the requirements of the California Rules of Court, including serving the client with the motion papers by mail, after confirming that the attorney has been unable to locate a more current address after making reasonable efforts to do so within 30 days prior to filing the motion.
Counsel also has declared a justifiable reason to be relieved as counsel — the irremediable breakdown of the attorney-client relationship.
In addition, there are no substantive hearings on calendar and trial is not set until February 1, 2027. Given that trial will not commence for about 9 months, Plaintiff Sergio Reyna Hernandez will have sufficient time to find new counsel and will not be unduly prejudiced in his ability to prepare for and try the case.
In any case, no opposition has been filed setting forth prejudice to Plaintiff Sergio Reyna Hernandez or any other party should the court grant the motion to be relieved as counsel. (See Nazir v. United Airlines, Inc. (2009) 178 Cal.App.4th 243, 288 [failure to address or oppose issue in motion constitutes waiver of that issue].)
Therefore, the court will grant the motion to be relieved as counsel.
Counsel shall give notice of this ruling in the manner ordered by the court.
13 Motion to Be Relieved as Counsel
30-2024-01428061 Counsel Vanessa Fantasia, Esq.’s Motion to Be Relieved as Counsel for Plaintiff Raquel Shugart is DENIED without prejudice. Shugart vs. Orange County Transportation Authority Counsel Vanessa Fantasia, Esq. remains and shall continue to act as counsel of record for Plaintiff Raquel Shugart.
Pending Motion
Counsel Vanessa Fantasia, Esq. (Counsel) moves to be relieved as counsel for Plaintiff Raquel Shugart.
Standard to Be Relieved as Counsel
“The attorney in an action or special proceeding may be changed at any time before or after judgment or final determination . . . [u]pon the order of the court, upon the application of either client or attorney, after notice from one to the other.” (Code Civ. Proc., § 284.)
The notice of motion and motion to be relieved as counsel under Civil Procedure Code section 284 shall be directed to the client and shall be made on the Judicial Council’s Notice of Motion and Motion to Be Relieved as Counsel-Civil form (Form MC-051). (Cal. Rules of Court, rule 3.1362(a).)
No memorandum is required for the motion. (See Cal. Rules of Court, rule 3.1362(b).)
However, “[t]he motion to be relieved as counsel must be accompanied by a declaration on the Declaration in Support of Attorney's Motion to Be Relieved as Counsel – Civil (form MC-052). The declaration must state 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).” (Cal. Rules of Court, rule 3.1362(c), italics original.)