Judge Bruce G. Iwasaki

Department 58

Hearing Date: March 14, 2024

Case Name: Attia v. Khela

Case No.: 23STCV10722

Matter: Motion to Be Relieved as Counsel

Moving Party: Counsel for Defendant/Cross-Complainant Ehab Khela

Responding Party: Unopposed

Tentative Ruling: The Motion to be Relieved as Counsel is granted.

This action arises from breach of contract. Plaintiff Zizi Attia (Attia) alleges that he gave $50,000 to Defendant Ehab Khela (Khela) to locate and purchase real property on Plaintiff’s behalf; Defendant failed to perform. On May 12, 2023, Plaintiff Zizi Attia filed a Complaint for (1.) breach of contract, (2.) fraud, (3.) breach of constructive trust, and (4.) elder abuse.

On November 13, 2023, Defendant/Cross-Complainant Ehab Khela filed a Cross-Complaint for (1.) breach of oral contract, (2.) fraud, and (3.) promissory estoppel. The Cross-Complaint alleges that Khela purchased real property for Cross-Defendant Attia in the amount of $85,000, contributing $36,500 of his own money to secure the purchase of the property. Cross-Complainant Khela put title to the property in Cross-Defendant Attia’s brother’s name. Cross-Defendant Attia now refuses to reimburse Cross-Complainant Khela.

Now, Defendant/Cross-Complainant Ehab Khela’s counsel – Jason Stone – seeks to be relieved as counsel of record. No opposition was filed.

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 Stone 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 there has been a breakdown in attorney client communication such that he can no longer adequately represent his client.

Further, Form MC-052 indicates that notice was provided to Defendant via mail and his client’s address was confirmed by conversation.

Lastly, trial in this matter has not been set, and the next hearing is a CMC for March 21, 2024. Thus, no prejudice will result from granting this motion.

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