Hendrickson vs. The L3 Property Management

1 Hendrickson vs. The Motion to Be Relieved as Counsel L3 Property Management Counsel Phillip R. Geurts’s Motion to Be Relieved as Counsel for Plaintiff Luke Mensink is CONTINUED to September 8, 2026 at 9:00 a.m. in Department N15.

Counsel Phillip R. Geurts is ORDERED to file with the court and serve on all parties to this action pursuant to California Rules of Court rule 3.1362, an amended Declaration in Support of Attorney’s Motion to Be Relieved as Counsel – Civil (Form MC-052) and a proposed Order Granting Attorney’s Motion to Be Relieved as Counsel – Civil (Form MC-053), that are completely and correctly filled out, within 15 days of this ruling.

Counsel Phillip R. Geurts remains and shall continue to act as counsel of record for Plaintiff Luke Mensink.

Pending Motion

Counsel Phillip R. Geurts (Counsel) moves to be relieved as counsel for Plaintiff Luke Mensink.

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 failed to comply with the requirements of California Rules of Court rule 3.1362.

While Counsel has served the motion papers upon Plaintiff Luke Mensink, Counsel has not stated in his declaration that Counsel has 1) confirmed within the last 30 days that the address is the client’s current address or 2) 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. (See Decl. in Supp. of Att’y’s Mot. to Be Relieved as Counsel – Civil, ¶ 3.)

In addition, Counsel has not filed or served a proposed Order Granting Attorney’s Motion to Be Relieved as Counsel – Civil (Form MC-053).

The California Rules of Court require that “[w]herever applicable, [mandatory forms] must be used by all parties . . . .” (Cal. Rules of Court, rule 1.31(a).)

Therefore, the court will continue the hearing on this motion and order that Counsel file and serve a Declaration in Support of Attorney’s Motion to Be Relieved as Counsel – Civil (Form MC-052) and a proposed Order Granting Attorney’s Motion to Be Relieved as Counsel – Civil (Form MC-053), that have been completely and correctly filled out.

The court may deny the motion if Counsel fails to supplement the motion papers as required.

Counsel shall give notice of this ruling in the manner ordered by the court.

2 MacRobie vs. Application to Appear Pro Hac Vice Forward Financing LLC The Verified Application for Pro Hac Vice Admission of Courtney L. Hayden is GRANTED.

30-2026-01552515 Pending Motion