Shugart vs. Orange County Transportation Authority

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.)

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).)

Prior Proceedings

On November 3, 2025, the court found that Counsel had failed to abide by the requirement that the motion “must be served on the client and on all other parties who have appeared in the case.” (Cal. Rules of Court, rule 3.1362(d), italics added; see ROA #65 at pp. 2-3.)

The court stated that “the proof of service shows that Counsel only served the motion papers upon Plaintiff and no other parties. However, the record shows that Defendant Orange County

Transportation Authority has appeared in this case.” (Id. at p. 3.)

The court therefore continued the hearing to March 23, 2026, and ordered Counsel to abide by Rule 3.1362(d). (See id. at p. 1, 3.) The court also ordered that Counsel give notice of the ruling to Plaintiff. (See ibid.)

The hearing was further continued to May 11, 2026 due to the court’s unavailability on March 23, 206. (See ROA #70.)

Despite giving Counsel more than 6 months to do so, Counsel has not filed a proof of service showing service of the motion papers on Defendant Orange County Transportation Authority or service of the ruling upon Plaintiff.

Therefore, the court will deny the motion without prejudice.

The court clerk shall give notice of this ruling.