Judge: Anne Hwang, Case: 21STCV23095, Date: 2023-08-23 Tentative Ruling

Case Number: 21STCV23095    Hearing Date: March 6, 2024    Dept: 32

PLEASE NOTE:   Parties are encouraged to meet and confer concerning this tentative ruling to determine if a resolution may be reached.  If the parties are unable to reach a resolution and a party intends to submit on this tentative ruling, the party must send an email to the Court at sscdept32@lacourt.org indicating that party’s intention to submit.  The email shall include the case number, date and time of the hearing, counsel’s contact information (if applicable), and the identity of the party submitting on this tentative ruling.  If the Court does not receive an email indicating the parties are submitting on this tentative ruling and there are no appearances at the hearing, the Court may place the motion off calendar or adopt the tentative ruling as the order of the Court.  If all parties do not submit on this tentative ruling, they should arrange to appear in-person or remotely.  Further, after the Court has posted/issued a tentative ruling, the Court has the inherent authority to prohibit the withdrawal of the subject motion and adopt the tentative ruling as the order of the Court. 

TENTATIVE RULING

BACKGROUND

            Plaintiff Roya DeStefanis’ (Plaintiff) counsel of record, Sanaz Imani (Counsel), moves to be relieved as counsel for Plaintiff. Counsel contends relief is necessary because Plaintiff has terminated the representation, but refuses to sign a substitution of attorney form.

            No opposition has been filed.

LEGAL STANDARD

To be granted relief as counsel, counsel must comply with California Rules of Court (CRC) 3.1362. Even where grounds for termination exist, attorneys seeking to withdraw must comply with the procedures set forth in California Rule of Professional Conduct (CRPC) 3.700 and are subject to discipline for failure to do so. CRPC 3.700(B) lists various grounds for mandatory withdrawal. 

An attorney's right to terminate the attorney-client relationship and withdraw from a case is not absolute. (See Vann v. Shilleh (1975) 54 Cal.App.3d 192, 197; People v. Prince (1968) 268 Cal.App.2d 398.) The decision whether to grant or deny an application for withdrawal is within the court's discretion, and it does not abuse that discretion by denying the application on the ground that the attorney's withdrawal would work injustice upon a third party. (Hodcarriers, Bldg. and Common Laborers Local Union No. 89 v. Miller (1966) 243 Cal.App.2d 391.)

The rules have been liberally construed to protect clients. (Vann v. Shilleh, supra, 54 Cal.App.3d 192.) An attorney, either with client's consent or court's approval, may withdraw from a case when withdrawal can be accomplished without undue prejudice to client's interests; however, an attorney “shall not withdraw from employment until the member has taken reasonable steps to avoid reasonably foreseeable prejudice to the rights of the client, including giving due notice to the client, allowing time for employment of other counsel, complying with rule 3-700(D), and complying with applicable laws and rules.” (CRPC 3.700(A)(2).) A lawyer violates his or her ethical mandate by abandoning a client (Pineda v. State Bar (1989) 49 Cal.3d 753, 758 759), or by withdrawing at a critical point and thereby prejudicing the client’s case. (CRPC 3.700(A)(2); Vann v. Shilleh, supra.)

DISCUSSION

            Counsel states the instant motion is filed for the following reason: “On January 26, 2024, Plaintiff Roya DeStefanis terminated the representation of Mesriani Law Group and all of its attorneys. ("Exhibit A") On January 30, 2024, despite Plaintiff terminating Mesriani Law Group from her representation, she refused and continues to refuse to sign off on a substitution of attorney form, thereby requiring the filing of this motion.” (MC-052.)

However, Counsel has filed forms MC-051 and MC-052 but has not filed/lodged with the Court a copy of the proposed order on form MC-053 as required.  (Cal Rules of Court, rule 3.1362.)  Counsel has also not included the dates, times, locations, and subject matter of all future proceedings in this case. Moreover, Counsel has not shown proof of service of the moving papers (MC-051, MC-052, MC-053) on all parties who have appeared in the action, and Plaintiff. (See Cal. Rules of Court, rule 3.1362(d).) Finally, the Final Status Conference is set for March 19, 2024 and trial for April 3, 2024.

            Accordingly, the Court denies the motion without prejudice.

            Moving party is to give notice and file a proof of service of such.