Judge: Daniel M. Crowley, Case: 19STCV18479, Date: 2022-09-30 Tentative Ruling

All parties are urged to meet and confer with all parties concerning this tentative ruling to see if they can reach an agreed-upon resolution of their matter.  If you are able to reach an agreement, please notify the courtroom staff in advance of the hearing if you wish to submit on the tentative ruling rather than argue the motion by notifying the court by e-mailing the court at: SSCDEPT28@lacourt.org.  Include the word "SUBMITS" in all caps and the Case Number in the Subject line.  In the body of the email, please provide the date and time of the hearing, your name, your contact information, the party you represent, and whether that party is a plaintiff, defendant, cross-complainant, cross-defendant, claimant, intervenor, or non-party, etc.

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Case Number: 19STCV18479    Hearing Date: September 30, 2022    Dept: 28

Plaintiff Anita Stokes’s Counsel Raymond Ghermezian’s Motion to Be Relieved as Counsel

Having considered the moving papers, the Court rules as follows.

BACKGROUND

On May 29, 2019, Plaintiff Anita Stokes (“Plaintiff”) filed this action against Defendants City of Los Angeles (“City”), County of Los Angeles (“County”) and Los Angeles County Department of Probation (“Probation”) for dangerous condition of public property, vicarious liability, premises liability and negligence and property damage.

On August 9, 2019, the City filed an answer.

On June 17, 2022, the Court dismissed the County and Probation.

On September 14, 2022, Plaintiff’s counsel, Raymond Ghermezian, filed a Motion to be Relieved as Counsel to be heard on September 20, 2022.

Trial is currently scheduled for May 8, 2023.

PARTY’S REQUESTS

Plaintiff’s counsel, Raymond Ghermezian, requests to be relieved as counsel for Plaintiff.

LEGAL STANDARD

California Rule of Court rule 3.1362 (Motion to Be Relieved as Counsel) requires (1) notice of motion and motion to be directed to the client (made on the Notice of Motion and Motion to be Relieved as Counsel—Civil form (MC-051)); (2) a declaration stating in general terms and without compromising the confidentiality of the attorney-client relationship why a motion under Code of Civil Procedure section 284(2) is brought instead of filing a consent under Code of Civil Procedure section 284(1) (made on the Declaration in Support of Attorney's Motion to Be Relieved as Counsel—Civil form (MC-052)); (3) service of the notice of motion and motion and declaration on all other parties who have appeared in the case; and (4) the proposed order relieving counsel (prepared on the Order Granting Attorney’s Motion to Be Relieved as Counsel—Civil form (MC-053)).

The court has discretion to allow an attorney to withdraw, and such a motion should be granted provided that there is no prejudice to the client, and it does not disrupt the orderly process of justice. (Ramirez v. Sturdevant (1994) 21 Cal.App.4th 904, 915.)

DISCUSSION

Counsel has submitted a completed MC-051, MC-052 and MC-053 form. Counsel has provided a declaration stating that there has been an irreconcilable breakdown in the relationship. Counsel has indicated that Plaintiff was served via mail at his last known address, confirmed by telephone in the last 30 days. Counsel submitted proof of service on all parties, in addition. As such, the Court grants the motion. 

CONCLUSION

Counsel for Plaintiffs’ Motions to be Relieved as Counsel is GRANTED. Counsel for Plaintiffs will be relieved upon filing proof of service upon the client of the Order Granting Attorney’s Motion to Be Relieved as Counsel--Civil (Judicial Council form MC-053).

               Counsel for Plaintiff is ordered to give notice of this ruling.

Counsel for Plaintiff is ordered to file the proof of service of this ruling with the Court within five days.

The parties are directed to the header of this tentative ruling for further instructions.