Judge Andrew E. Cooper, Case Number: 24CHCV00553, Date: 2024-09-04 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).

MOTION TO BE RELIEVED AS COUNSEL

Los Angeles Superior Court Case # 24CHCV00553

Motion filed: 5/29/24

MOVING ATTORNEY: Malek H. Shraibati (“Counsel”)

CLIENT: Plaintiff Mario Enrique Ismalej (“Plaintiff”)

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

TENTATIVE RULING: The motion is continued pending proof of service on nonparty lien claimant XL Insurance America, Inc.

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.)

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 this motion to be relieved as counsel for Plaintiff on 4/23/24. Counsel served his client by U.S. mail to his last known address. Defendants have not yet appeared in this action, but nonparty XL Insurance America, Inc. has appeared as a lien claimant to workers compensation benefits to be paid to Plaintiff in this action. The proof of service of the instant motion and accompanying papers does not indicate any service on XL Insurance America, Inc.

Counsel properly filed an accompanying notice of the motion using Judicial Council form MC-051, a declaration in support of his motion using form MC-052, and a proposed order granting the motion using form MC-053. In the MC-052 declaration, Counsel a breakdown of the attorney-client relationship with Plaintiff such that Counsel must withdraw from representation thereof. (Decl. of Malek H. Shraibati, ¶ 2.) The next hearing date in this action is a case management conference, set for 9/11/24. No trial date has been set in this action. Therefore, Counsel’s withdrawal does not raise the risk of unduly prejudicing his client.

Accordingly, the motion is continued pending proof of service on nonparty lien claimant XL Insurance America, Inc. Motion and Case Management Conference Continued 12/13/2024.