Judge: Christian R. Gullon, Case: 23PSCV00566, Date: 2025-04-02 Tentative Ruling

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Case Number: 23PSCV00566    Hearing Date: April 2, 2025    Dept: O

Tentative Ruling

(1)   Cyrus S. Tabibnia’s Motion to be Relieved as Counsel re: ZALEKA SHELET TURNER is TBD.

(2)   Cyrus S. Tabibnia’s Motion to be Relieved as Counsel re: Cora Gordon is TBD.

Background

This case arises from a motor vehicle accident that occurred on 2/26/2021.

On February 27, 2023, Plaintiffs ZALEKA SHELET TURNER, CORA GORDON, and LAZHIYA VENEY (a minor) filed suit against Defendants FEDEX FREIGHT WEST INC. and DAVID HERNANDEZ for:

1.     Negligence and

2.     Negligence Per Se

On June 20, 2023, Plaintiffs filed their first amended complaint (FAC).

On November 6, 2023, Defendant Hernandez filed his answer.

On December 14, 2023, Plaintiffs named FEDEX GROUND PACKAGE SYSTEM, INC. as Doe 1.

On January 9, 2024, Plaintiffs dismissed Fedex Freight West Inc.

On January 12, 2024, DEFENDANT FEDEX GROUND PACKAGE SYSTEM, INC. filed its answer.

On February 29, 2024, the court held an IDC. The minute order states, in relevant part, “On the Court's own motion, the Informal Discovery Conference (IDC) scheduled for 02/29/2024 is continued to 05/01/2024 at 10:00 AM in Department O at Pomona Courthouse South. The Court and Counsel confer re: Defense Counsel's request to Depose Gloria Martinez Rodriguez. In light of the above and by Order of the Court, the matter is reserved as follows: The matter is reserved for May 1, 2024, at the Pomona Courthouse in Department O at 10:00 a.m. for a Hearing on Motion to Compel Deposition.”

On March 6, 2024, Defendant Hernandez filed a Motion to Enforce Deposition Subpoena for Attendance at Deposition of Third-Party Witness, Gloria Martinez Rodriguez, which the court on 5/1/24 granted.

On June 17, 2024, the court granted Counsel Ardy Pirnia, Esq motion to be relieved as counsel for Lazhiya Veney.

On August 29, 2024, plaintiffs filed a NOTICE OF CHANGE OF HANDLING ATTORNEY which indicated that ARDY PIRNIA, Esq. of Pirnia Law Group, will be representing plaintiffs/handling the matter. The notice also stated that “Request is further made for all parties to update their file to reflect this change and forward all future correspondence, pleadings, and discovery to Sasha@pirnialawgroup.com, Armita@pirnialawgroup.com, Natassja@pirnialawgroup.com, and Vosgan@pirnialawgroup.com. All four emails must be included to constitute proper service by electronic mail.” (The court notes that Counsel Tabibnia is not listed as someone authorized/required to receive electronic service in matters relating to this case.)  

On March 12, 205, Cyrus S. Tabibnia filed the instant motions to be relieved as counsel for Cora Gordon and ZALEKA SHELET TURNER.

Discussion

The declarations filed in support of the motions does not provide much context as to why Counsel Tabibnia seeks to withdraw as counsel aside from that there has been a breakdown in the relationship between the clients and attorneys. It is unclear, however, how there could be a “breakdown” in the attorney-client relationship when it appears Counsel does not even have contact with the clients, as exhibited by the need to use a skip trace to serve the clients with notice of the motion. In fact, Pirnia Law Group has been unable to contact their clients for what appears to be well over a year. For example, according to the 2/27/24 IDC statement, Plaintiffs’ Counsel were unable to contact their clients such that responses to Defendant Hernandez’s discovery requests were untimely produced. Though she is not subject to these motions, Pirnia Law Group had to hire an investigator to locate Plaintiff Lezihaya.

With that, the court will determine the outcome of the motions at the hearing.

Conclusion

Based on the foregoing, the motions are TBD.