Motion to be relieved as counsel
LINE # CASE # CASE TITLE RULING LINE 1 20CV362060 Echeverria v. Tapestry, Inc. dba Coach See Line 1 for tentative ruling. LINE 2 20CV373916 Chai v. Velocity Investments, LLC, et al. See Line 2 for tentative ruling. LINE 3 23CV411280 Blake v. Old Crow Smokehouse Orange, See Line 3 for tentative ruling. LLC, et al. (Class Action/PAGA) LINE 4 23CV422390 Brown v. Jazz Pharmaceuticals, Inc. See Line 4 for tentative ruling. (Class Action) LINE 5 23CV427314 Good Samaritan Hospital, L.P., et al. v. See Line 5 for tentative ruling.
Kaiser Foundation Health Plan, Inc. LINE 6 25CV464775 Anthony Turiello vs Piping Systems See Line 6 for tentative ruling. Engineering Inc. LINE 7 25CV471436 Francisco Guevara Vs Westcoast See Line 7 for tentative ruling. Plumbing Service, Inc. LINE 8 25CV481717 Heather Buxbaum vs Stanford Health Unopposed motion for Care admission pro hac vice of Attorney Lange is GRANTED. No appearance necessary. Counsel to submit Proposed Order. LINE 9 25CV481717 Heather Buxbaum vs Stanford Health Unopposed motion for Care admission pro hac vice of Attorney Sukert is GRANTED.
No appearance necessary. Counsel to submit Proposed Order. LINE 10 25CV483219 Herlinda Estrada et al vs Chattem, Inc., See Line 10 for tentative individually, as alter ego of, and as ruling. successor-in-interest to TH et al LINE 11 LINE 12 LINE 13
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Case Name: Blake v. Old Crow Smokehouse Orange, LLC et al. Case No.: 23CV411280
This is a putative class action arising from alleged wage and hour violations. Counsel for Defendants Old Crow Smokehouse Orange, LLC et al (“Counsel”) has filed a motion to be relieved as counsel. The motion is unopposed. As discussed below, the Court GRANTS the motion.
I.
Legal Standard
Motions to be relieved as counsel are technical and governed by rule 3.1362 of California Rules of Court (“Rule 3.1362”). Notice and motion must be directed to the client on Judicial Council Form MC-051. No memorandum is required. (Rule 3.1362(a) & (b).) Counsel must provide a declaration on Judicial Council Form MC-052 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).”1 (Rule 3.1362(c).)
The notice of motion and motion, the declaration, and the proposed order must be served on the client and all parties “by personal service, electronic service, or mail.” (Rule 3.1362(d)). Rule 3.1362(d) sets forth the service requirements, as follows: If the notice is served on the client by mail under Code of Civil Procedure section 1013, it must be accompanied by a declaration stating facts showing that either: (A) The service address is the current residence or business address of the client; or (B) 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 before the filing of the motion to be relieved. (Rule 3.1362(d).)
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1 Code of Civil Procedure section 284 provides, “The attorney in an action or special proceeding may be changed at any time before or after judgment of final determination, as follows: [¶] 1. Upon the consent of both client and attorney, filed with the clerk, or entered upon the minutes; [¶] 2. Upon the order of the court, upon the application of either client or attorney, after notice one to the other.”
The 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. The order must specify all hearing dates scheduled in the action or proceeding, including the date of trial, if known. If no hearing date is presently scheduled, the court may set one and specify the date in the order. After the order is signed, a copy of the signed order must be served on the client and on all parties that have appeared in the case. The court may delay the effective date of the order relieving counsel until proof of service of a copy of the signed order on the client has been filed with the court. (Rule 3.1362(e).)
II.
Discussion
Counsel attests that the irreconcilable differences have resulted in the breakdown of the attorney-client relationship, and further, that the specific facts giving rise to this motion must remain confidential pursuant to applicable statutory authority. (Counsel’s Declaration, MC- 052, ¶ 2.) Counsel further attests they have served Defendants by mail with the motion papers at an address confirmed as current within the past 30 days. (Id. at ¶ 3.) Counsel has provided the motions, supporting declarations, and proposed orders on the appropriate Judicial Council forms (MC-051, MC-052, and MC-053).
The Court finds that Counsel has served Defendants by mail, submitted a declaration establishing that the requirements of Rule 3.1362 have been satisfied, shown sufficient reason why the motion to be relieved as counsel should be granted, and shown why Counsel brought the instant motion under Code of Civil Procedure section 284(2) instead of filing a consent under section 284(1). The proposed order accurately indicates that the next hearing in this action is a Case Management Conference set for June 24, 2026 at 2:30 p.m. in Department 19.
Defendants’ new counsel shall appear at the hearing on June 24, 2026. As indicated on Judicial Council form MC-053, Defendants’ failure to retain an attorney may lead to the entry of a default judgment.
III.
Conclusion
The motion to be relieved as counsel is GRANTED. Defendants’ new counsel shall appear at the Case Management Conference scheduled for June 24, 2026 at 2:30 p.m. in Department 19.
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