Judge: Daniel M. Crowley, Case: 20STCV10749, Date: 2022-10-27 Tentative Ruling

Case Number: 20STCV10749    Hearing Date: October 27, 2022    Dept: 28

Plaintiffs’ Counsel Hesam Yazdanpanah and Law Offices of Hess Panah & Associates' Motion to Be Relieved as Counsel

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

BACKGROUND

On March 16, 2020, Plaintiffs Edward Villa (“Villa”) and Melissa Calito (“Calito”) filed this action against Defendant Manuel Perez (“Defendant”) for negligence.

On November 29, 2021, Defendant filed an answer.

On September 28, 2022, Plaintiffs’ Counsel Hesam Yazdanpanah and Law Offices of Hess Panah & Associates filed a Motion to be Relieved as Counsel, to be heard on October 27, 2022.

Trial is currently scheduled for December 28, 2022.

PARTY’S REQUESTS

Plaintiffs’ counsel, Hesam Yazdanpanah and Law Offices of Hess Panah & Associates request to be relieved as counsel for Plaintiffs.

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 communication between parties. Counsel has indicated that Plaintiffs were served via mail, with a return receipt requested. Counsel submitted proof of service on all parties, in addition. As such, the Court grants the motion. 

CONCLUSION

Counsel for Plaintiffs’ Motion 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 Plaintiffs is ordered to give notice of this ruling.

Counsel for Plaintiffs 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.