Judge: Audra Mori, Case: 20STCV00327, Date: 2022-10-17 Tentative Ruling

Case Number: 20STCV00327    Hearing Date: October 17, 2022    Dept: 31

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

Co-Plaintiff Shahnazi Faezeh’s (“Faezeh”) attorney of record, Hesam Yazdanpanah of Law Offices of Hess Panah & Associates (“Counsel”), seeks to be relieved as counsel contending there has been a breakdown in communication between Counsel and Faezeh, as Faezeh has failed to respond to Counsel’s attempts to contact Faezeh.  Counsel declares it served the moving papers on Faezeh via mail but was unable to confirm Faezeh’s address as current.  However, Counsel asserts it has served the moving papers on the Clerk of the Court pursuant to CCP §1011(b) and California Rules Court, rule 3.1362(d).  Further, Counsel has filed proof of service on Plaintiff and on Defendants.

Defendants filed a limited opposition to the motion contending that granting of the motion should be conditioned on moving Counsel paying all outstanding monetary sanctions imposed against Counsel in favor of Defendants in this matter.  Defendants assert that a total of $2,916.10 in sanctions have been imposed against Counsel, but none of these sanctions have been paid. 

However, Defendants provide no authority showing that the Court is authorized to grant or deny the motion to be relieved as counsel based upon payment of outstanding monetary sanctions.  The orders imposing monetary sanctions on Counsel remain as issued.  Sanctions orders are enforceable as money judgments unless the Court orders otherwise, and thus, the remedy to enforce payment of monetary sanctions is to obtain and levy a writ of execution on assets of the debtor.  (See Newland v. Superior Court (1995) 40 Cal.App.4th 608, 615.) 

Therefore, the motion is granted; the ruling is effective upon filing proof of service of the final order.  The Court notes the next scheduled matter is an Order to Show Cause set for January 3, 2023, and trial is not scheduled until June 30, 2023.  Therefore, there is sufficient time for Faezeh to seek other counsel or otherwise prepare for trial.

Counsel is ordered to give notice. 

PLEASE TAKE NOTICE:

• Parties are encouraged to meet and confer after reading this tentative ruling to see if they can reach an agreement.
• If a party intends to submit on this tentative ruling, the party must send an email to the court at sscdept31@lacourt.org with the Subject line “SUBMIT” followed by the case number.  The body of the email must include the hearing date and time, counsel’s contact information, and the identity of the party submitting.  
• Unless all parties submit by email to this tentative ruling, the parties should arrange to appear remotely (encouraged) or in person for oral argument.  You should assume that others may appear at the hearing to argue.  
• If the parties neither submit nor appear at hearing, the Court may take the motion off calendar or adopt the tentative ruling as the order of the Court.  After the Court has issued a tentative ruling, the Court may prohibit the withdrawal of the subject motion without leave. 

Dated this 17^th day of October 2022