Judge: Christian R. Gullon, Case: 23PSCV03341, Date: 2024-11-04 Tentative Ruling
Case Number: 23PSCV03341 Hearing Date: November 4, 2024 Dept: O
Tentative Ruling
Plaintiff’s Counsel Tina Abdolhosseini’s Motion to be
Relieve as Counsel is GRANTED, effective upon [see below].
Background
This is a personal injury case.
On October 27, 2023, Plaintiff Jon Edwards and Bronda Hall
filed suit against Joseph Durham and Nicole Durham-Mallory for injuries arising
from a 10/27/21 motor vehicle accident.
On April 29, 2024, Defendants filed their answer.
On September 6, 2024, Bronda Hall was dismissed with
prejudice.
On September 9, 2024, the instant motion was filed.
Discussion
Plaintiff’s Counsel Tina H. Abdolhosseini seeks to be
relieved as counsel for Jon Edwards on the grounds that there has been a
significant breakdown in the attorney-client relationship. A voluntary
substitution of attorney form could not be obtained from Plaintiff Jon Edwards
and Plaintiff’s Counsel “Plaintiff's Counsel is unaware of any new Counsel.”
(MC-052 Form, emphasis added.)
Here, as the case is relatively new, no substantive motions
are on calendar, and all parties, including Defendants, have been served with
notice of the motion,[1]
the court finds good cause to grant the motion. Notwithstanding, on October 25,
2024, a ‘NOTICE OF CHANGE OF LAW FIRM ADDRESS FOR PLAINTIFFS’ was filed
indicating that the “physical and mailing law firm address of the attorneys for
Plaintiffs JON EDWARDS AND BRONDA HALL has changed.” Thus, it appears Plaintiff
Jon Edwards (Bronda has been dismissed with prejudice) has retained new
counsel, but no substitution of attorney form has been filed.
Conclusion
Based on the foregoing, the motion is GRANTED effective upon
service of the court’s order upon all Plaintiffs, Defendants, and all other
parties who have appeared.
[1]
According to the 9/9/24 POS, Defendants were served via electronic service to dbartholomew@wawanesa.com