Judge: Cherol J. Nellon, Case: 24STCV11177, Date: 2025-01-16 Tentative Ruling
Case Number: 24STCV11177 Hearing Date: January 16, 2025 Dept: 14
#7
Case Background
This is an action for negligence. Plaintiff alleges
that he was driving in Los Angeles when Defendant struck him with his vehicle.
On May 3, 2024, Plaintiff Patris Sobouti filed his
Complaint against Defendant Kevin McKinney.
On November 25,
2024, Lee Previant, Counsel for Plaintiff Patris Sobouti, filed a motion to be
relieved as counsel.
Instant Pleading
Lee Previant, Counsel for Plaintiff, moves to be
relieved as counsel.
Decision
The motion to be relieved as counsel filed by Lee
Previant will be GRANTED once Plaintiff files an amended form MC-053, effective upon the filing of the proof
of service of the signed order upon the client.
Legal Standard
California Rules of Court Rule
3.1362 requires that counsel fill out forms MC-051, MC-052, and MC-053. These
forms serve two basic functions: (1) ensuring that notice is given to the
client and (2) providing the court with an adequate explanation of why the
matter is being handled via motion rather than mutual consent. See Code of
Civil Procedure § 284; California Rules of Court Rule 3.1362.
Discussion
Counsel completed the required forms. Those forms
indicate that Counsel served Plaintiff at his last known address which he
confirmed was current via text message, at least 30 days before the hearing on
this matter. Counsel represents that there has been a complete breakdown of the
attorney client relationship to the point where further representation cannot
be effective.
Counsel complied with the requirements of Rule 3.1362,
and relief is appropriate under the circumstances of this case. However, form
MC-053 is incomplete because Counsel must check box 5a. and check the “current”
box in Item 6 on form MC-053. The motion will be GRANTED once Plaintiff files
an amended form MC-053, effective upon
the filing of the proof of service of the signed order upon the client.
Conclusion
The motion to be relieved as counsel filed by Lee
Previant will be GRANTED once Plaintiff files an amended form MC-053, effective upon the filing of the proof
of service of the signed order upon the client.