Judge: Cherol J. Nellon, Case: 22STCV16023, Date: 2023-04-13 Tentative Ruling

Case Number: 22STCV16023    Hearing Date: April 13, 2023    Dept: 28

Plaintiff Jessie Mae Harris’s Counsel Daniel Azizi and Gevork Gazaryan Firm’s Motion to Be Relieved as Counsel

Having considered the moving papers, the Court rules as follows.

BACKGROUND

On May 13, 2022, Plaintiff Jessie Mae Harris (“Plaintiff”) filed this action against Defendants Public Storage (“PS”), Storage Properties Inc Dept-Pt-CA-22315 (“SP”) and Justin Doe (“Doe”) for negligence and premises liability.

On June 27, 2022, PS filed an answer.

On March 8, 2023, Plaintiff’s counsel, Daniel Azizi and Gevork Gazaryan, filed a Motion to be Relieved as Counsel to be heard on April 13, 2023.

Trial is scheduled for November 13, 2023.

PARTY’S REQUESTS

Plaintiff’s counsel, Daniel Azizi and Gevork Gazaryan, request to be relieved as counsel for Plaintiff.

LEGAL STANDARD

California Rule of Court rule 3.1362 (Motion to Be Relieved as Counsel) requires (1) notice of motion and motion to be directed to the client (made on the Notice of Motion and Motion to be Relieved as Counsel—Civil form (MC-051)); (2) a declaration stating 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) (made on the Declaration in Support of Attorney's Motion to Be Relieved as Counsel—Civil form (MC-052)); (3) service of the notice of motion and motion and declaration on all other parties who have appeared in the case; and (4) the proposed order relieving counsel (prepared on the Order Granting Attorney’s Motion to Be Relieved as Counsel—Civil form (MC-053)).

The court has discretion to allow an attorney to withdraw, and such a motion should be granted provided that there is no prejudice to the client, and it does not disrupt the orderly process of justice. (Ramirez v. Sturdevant (1994) 21 Cal.App.4th 904, 915.)

DISCUSSION

Counsel has submitted a completed MC-051, MC-052 and MC-053 forms. Counsel has provided a declaration stating that there has been an irreconcilable breakdown in the attorney-client relationship. Counsel has indicated that Plaintiff was served at her last known address. While counsel was unable to verify the address, counsel took steps to confirm the address by requesting return receipt, calling the last known telephone number, contacting persons familiar with the client, conducting a search and sending contacting letters. Counsel filed proof of service on Plaintiff and PS, the only parties who have appeared in the action. The Court grants the motion.

CONCLUSION

Counsel's Motion to Be Relieved as Counsel is GRANTED. Counsel will be relieved upon filing proof of service upon the client of the Order Granting Attorney’s Motion to Be Relieved as Counsel--Civil (Judicial Council form MC-053).

Counsel is ordered to give notice of this ruling.

Counsel is ordered to file the proof of service of this ruling with the Court within five days.

The parties are directed to the header of this tentative ruling for further instructions.