Judge: Christopher K. Lui, Case: 23STCV20321, Date: 2024-12-18 Tentative Ruling

Case Number: 23STCV20321    Hearing Date: December 18, 2024    Dept: 76

Attorney Tina Abdolhosseini’s motion to be relieved as counsel for Defendants Eddie Montes and Crystal Brianna Montes is GRANTED. The order shall not become effective until the filing of the proof of service of the signed order upon the client.

ANALYSIS

Motion To Be Relieved As Counsel

            Attorney Tina Abdolhosseini moves to be relieved as counsel for Defendants Eddie Montes and Crystal Brianna Montes

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 a significant breakdown in the attorney-client relationship, which has significantly impeded counsels ability to effectively prosecute this case and represent the clients’ interest. (Declaration, ¶ 2.)

Trial is set for November 3, 2025, which gives the clients time to locate new counsel, which they need not do, as individuals may represent themselves in pro per.

            As such, the motion to be relieved as counsel is GRANTED. The order shall not become effective until the filing of the proof of service of the signed order upon the client.