Judge: Daniel M. Crowley, Case: 20STCV11729, Date: 2023-02-07 Tentative Ruling

Case Number: 20STCV11729    Hearing Date: February 7, 2023    Dept: 28

Plaintiff’s Counsel Raffi Sarukhanyan’s Motion to Be Relieved as Counsel

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

BACKGROUND

On March 23, 2020, Plaintiff Richard Harrington (“Plaintiff”) filed this action against Defendants Hee Youn Lim (“Lim”) and Stephanie Ahn (“Ahn”) for motor vehicle negligence and general negligence.

On April 23, 2020, Defendants filed an answer.

On December 27, 2022, Plaintiff’s counsel, Raffi Sarukhanyan, filed a Motion to be Relieved as Counsel to be heard on February 8, 2023.

There is no scheduled trial date.  

PARTY’S REQUESTS

Plaintiff’s counsel, Raffi Sarukhanyan, request 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 requests to be released as counsel on the basis that Plaintiff is now deceased; however, counsel did not provide any indication he contacted potential successors-in-interest to determine if they wished to take over the pending lawsuit. The Court cannot grant the requested relief against a deceased plaintiff with no representation for his interest.

Additionally, the MC-053 form is completely blank.

For the above identified reasons, the Court denies the motion.

CONCLUSION

Plaintiff Counsel's Motion to Be Relieved as Counsel is DENIED.

               Counsel is ordered to give notice of this ruling.

Counsel 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.