Judge: Andrew E. Cooper, Case: 21CHCV00581, Date: 2023-09-08 Tentative Ruling

Counsel wishing to submit on a tentative ruling may inform the clerk or courtroom assisant in North Valley Department F51, 9425 Penfield Ave., Chatsworth, CA 91311, at (818) 407-2251.  Please be aware that unless all parties submit, the matter will still be called for hearing and may be argued by any appearing/non-submitting parties. If the matter is submitted on the court's tentative ruling by all parties, counsel for moving party shall give notice of ruling. This may be done by incorporating verbatim the court's tentative ruling. The tentative ruling may be extracted verbatim by copying and specially pasting, as unformatted text, from the Los Angeles Superior Court’s website, http://www.lasuperiorcourt.org. All hearings on law and motion and other calendar matters are generally NOT transcribed by a court reporter unless one is provided by the party(ies).

Case Number: 21CHCV00581    Hearing Date: September 8, 2023    Dept: F51

MOTION TO BE RELIEVED AS COUNSEL

Motion filed: 6/5/23 

MOVING ATTORNEY: Mark H. Wagner (“Counsel”)

CLIENT: Defendants Kevork Kouyoumjian; Vicken Kouyoumjian; and World Trading 23, Inc. (collectively, “Defendants”)

NOTICE: OK

RELIEF REQUESTED: An order relieving Counsel as attorney of record for Defendants. 

TENTATIVE RULING: The motion is granted. 

In a civil action, an attorney may move to be relieved as counsel at any time during the proceedings after giving notice to his client. (Code Civ. Proc. § 284.) The moving attorney shall file with his motion: (1) a notice of the motion, directed to the client using Judicial Council form MC-051; (2) a declaration in support of the motion using Judicial Council form MC-052; and (3) a proposed order granting the motion; all to be served on the client and all other parties who have appeared in the case. (Cal. Rules of Court, rule 3.1362.) If the notice is served on the client by mail, the motion must also be supported 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..” (Id., subd. (d)(1).) 

In his declaration, the moving attorney is required to 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).” (Id., subd. (c).) The client must be provided no less than five days’ notice before hearing on the motion. An attorney may withdraw from a case when it can be accomplished without undue prejudice to the client’s interests. (Ramirez v. Sturdevant (1994) 21 Cal.App.4th 904, 915.) On the other hand, if the attorney withdraws at a critical point in the action, thereby prejudicing his client, he has violated his ethical duties. (Ibid.)

Here, Counsel filed and served this motion to be relieved as counsel for Defendants on 6/5/23. Counsel served his client by mail and electronic service, and has filed a declaration stating that the client’s mailing address was verified by conversation. (Decl. of Mark H. Wagner, ¶ 3b.) Counsel also filed a proof of service showing that the requisite documents were served on Defendants and Plaintiff’s counsel on 6/5/23.

Counsel properly filed an accompanying notice of the motion using MC-051, a declaration in support of his motion using form MC-052, and a proposed order granting the motion. In his MC-052 declaration, Counsel cited “an irreparable breakdown” of the attorney-client relationship such that Counsel “cannot continue without detriment to my professional, legal, and ethical obligations.” (Wagner Decl., ¶ 2.) The next court date in this action is a final status conference scheduled for 3/8/24. A jury trial for this case has been set for 3/18/24. Therefore, Counsel’s withdrawal does not raise the risk of unduly prejudicing his clients.

Accordingly, the statutory requirements for the motion have been satisfied, and Counsel’s motion to be relieved as counsel for Defendants is GRANTED.