Judge: Christopher K. Lui, Case: 22STCV08325, Date: 2025-05-08 Tentative Ruling

Case Number: 22STCV08325    Hearing Date: May 8, 2025    Dept: 76

            Plaintiff alleges wage and hour violations, and constructive termination in retaliation for her complaints.

            Attorney Ali R. Mirhosseini/Mirhosseini Law Group, APC moves to be relieved as counsel for Defendants Metrolab, Inc. and Dr. Behrouz Tavakoli.

TENTATIVE RULING

            CONDITIONED UPON providing proof of service on the clients, Attorney Ali R. Mirhosseini/Mirhosseini Law Group, APC’s motions to be relieved as counsel for Defendants Metrolab, Inc. and Dr. Behrouz Tavakoli are GRANTED. Counsel must provide the last known numbers of the clients at ¶ 6 of the Proposed Order. The order shall not become effective until the filing of the proof of service of the signed order upon the client.

ANALYSIS

Motions To Be Relieved As Counsel

            Attorney Ali R. Mirhosseini/Mirhosseini Law Group, APC moves to be relieved as counsel for Defendants Metrolab, Inc. and Dr. Behrouz Tavakoli.

California Rules of Court, Rule 3.1362 requires that the following Mandatory Judicial Council forms be filed for a motion to be relieved as counsel: Notice of Motion and Motion to Be Relieved as Counsel--Civil (form MC-051); Motion to Be Relieved as Counsel--Civil (form MC-052); and Order Granting Attorney's Motion to Be Relieved as Counsel--Civil (form MC-053). (See Calif. Rules of Court, Rule 3.1362(a), (c), (e).)  These three forms must be served on must be served on the client and on all other parties who have appeared in the case. (Calif. Rules of Court, Rule 3.1362(d).)

The Court may issue an order allowing an attorney to withdraw from representation, after notice to the client. (Code Civ. Proc., § 284(2).) An attorney may withdraw with or without cause as long as the withdrawal would not result in undue prejudice to the client's interest - i.e., counsel cannot withdraw at a critical point in the litigation because that would prejudice client, but can withdraw otherwise.  (Ramirez v. Sturdevant (1994) 21 Cal.App.4th 904, 915.) The court has discretion to deny an attorney’s request to withdraw where such withdrawal would work an injustice or cause undue delay in the proceeding; but the court’s discretion in this area is one to be exercised reasonably. (Mandell v. Superior Court (1977) 67 Cal.App.3d 1, 4.)

All mandatory Judicial Council forms have been filled out and submitted. 

There has been an irreconcilable breakdown in the attorney-client relationship, and ethical considerations required withdrawal. (Declarations, ¶ 2.)

There is currently set for November 17, 2025, which gives the clients some time to retain new counsel, which the entity Defendant must do, as an entity may not represent itself.

            As such, conditioned upon providing proof of service upon the clients, the motion to be relieved as counsel is GRANTED. Counsel must provide the last known numbers of the clients at ¶ 6 of the Proposed Order. The order shall not become effective until the filing of the proof of service of the signed order upon the client.