Judge: Bruce G. Iwasaki, Case: 20STCV15466, Date: 2024-12-09 Tentative Ruling

Case Number: 20STCV15466    Hearing Date: December 9, 2024    Dept: 58

Judge Bruce G. Iwasaki

Department 58

Hearing Date:             December 9, 2024

Case Name:                Hernandez v. 99 Cents Only Stores, LLC

Case No.:                    20STCV15446

Motion:                       Motion to be Relieved as Counsel

Moving Party:             Counsel for Plaintiff Dalia Hernandez

Opposing Party:          None

            This is a FEHA discrimination case.

             Plaintiff’s counsel – Jacob Nalbandyan and Tannaz Ghayadi – seeks to be relieved as counsel of record. Defendant filed a non-opposition to the motion.

            The motion to be relieved as counsel is granted.   

Discussion

            An attorney is entitled to withdraw upon the consent of the client, or without that consent if approved by the court. (Code Civ. Proc., § 284; Ramirez v. Sturdevant (1994) 21 Cal.App.4th 904, 915.) In the latter case, counsel must make a motion to be relieved as attorney of record.  The motion must be made using mandatory forms: Notice of Motion and Motion to be Relieved as Counsel – Civil (MC-051), Declaration (MC-052), and Proposed Order (MC-053). (Cal. Rules of Court, rule 3.1362, subd. (a), (b), (e).)

            The declaration accompanying the motion to be relieved as counsel must 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).” (Cal. Rules of Court, rule 3.1362, subd. (b).)

            The notice to the client must be done by personal service, electronically, or mail. If it is done via mail under Code of Civil Procedure section 1013, it must be accompanied by a declaration confirming the service address to be the most current residence or that it is the client’s last known address, and the attorney has been unable to locate a more current address. (Cal. Rules of Court, rule 3.1362, subd. (d)(1)(A)-(B).)

            Here, Attorney Ghayadi has complied with the Rules of Court by filing all the appropriate forms (MC-051, MC-052, and MC-053). He has also submitted a supporting declaration providing an adequate explanation for why he is moving to be relieved as counsel; he asserts that he has lost contact with Plaintiff.

Further, Form MC-052 indicates that notice was provided to Plaintiff via mail. Plaintiff’s counsel admits that he has been unable to confirm Plaintiff’s last known address, but Plaintiff had indicated an desire to dismiss this action such that this motion to be relieved should still be granted.

Additionally, trial in this matter has not been set, and the next hearing is a Non-Appearance Case Review, set for December 23, 2024. Thus, no prejudice will result from granting this motion where there is adequate time to retain new counsel.

The Court will grant the motion to be relieved as counsel.