Judge: Bruce G. Iwasaki, Case: 23STCV19807, Date: 2025-04-16 Tentative Ruling

Case Number: 23STCV19807    Hearing Date: April 16, 2025    Dept: 58

Judge Bruce G. Iwasaki

Department 58

Hearing Date:             April 16, 2025

Case Name:                Guzman v. 600 Tower, LLC

Case No.:                    23STCV19807

Motion:                       Motions to be Relieved as Counsel

Moving Party:             Counsel for Plaintiff Nakeela Dillard and Byron Guzman

Opposing Party:          None

             Plaintiffs’ counsel – Jacob Partiyeli – seeks to be relieved as counsel of record for Plaintiffs Nakeela Dillard and Byron Guzman. No opposition was filed.

            The motions to be relieved as counsel are 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 Partiyeli 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 significant breakdown in communication, making it unreasonably difficult to carry out effective representation.

Additionally, Form MC-052 indicates that notice was provided to the clients via mail but that he was unable to confirm the last known address despite calling his clients at their last known telephone number.

Finally, the next hearing is a Motion to Compel Further Discovery Responses set for May 6, 2025. In the absence of any opposition, the Court cannot say that any prejudice will result from granting these motions.  Nevertheless, the Court intends to continue and consolidate the dates for hearings on Defendant’s discovery motions.

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