Judge: Daniel M. Crowley, Case: 20STCV37087, Date: 2023-01-25 Tentative Ruling

Case Number: 20STCV37087    Hearing Date: January 25, 2023    Dept: 28

Plaintiff Garcia Anabella Garcia’s Counsel Arash Khorsandi, Esq.’s Motion to Be Relieved as Counsel

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

BACKGROUND

On September 29, 2020, Plaintiff Garcia Anabella Garcia (“Plaintiff”) filed this action against Defendants Charter Communications, LLC (“CC LLC”), Time Warner NY Cable LLC (“TW”), Charter Communications, Inc. (“CC Inc.”), Spectrum and Gerald Rivera (“Rivera”) for motor vehicle negligence, general negligence, negligence per se, and negligent entrustment. Plaintiff later amended the complaint to include Defendant Jason Lizarraga (“Lizarraga”).

On November 5, 2020, TW, CC Inc., and Rivera filed an answer. On December 1, 2020, Lizarraga filed an answer.

On August 6, 2021, CC Inc., Rivera and Lizarraga filed a Cross-Complaint against Cross-Defendant City of Los Angeles (“City”) for equitable indemnity, equitable contribution and declaratory relief. On November 15, 2021, the City filed an answer.

On November 17, 2021, the City filed a Cross-Complaint against Cross-Defendants Moes 1-20 for indemnification, apportionment of fault and declaratory relief.

On December 6, 2022, Plaintiff’s counsel, Arash Khorsandi, Esq., filed a Motion to be Relieved as Counsel to be heard on January 25, 2023.

Trial is currently scheduled for June 28, 2023.

PARTY’S REQUESTS

Plaintiff’s counsel, Arash Khorsandi, Esq., 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 has submitted a completed MC-051, MC-052 and MC-053. Counsel has provided a declaration stating that there has been an irreconcilable breakdown in the attorney-client relationship. Counsel has indicated that Plaintiff was served via mail, confirmed via conversation. Counsel submitted proof of service on all parties, including Plaintiff. The Court grants the motion.

CONCLUSION

Plaintiff’s Counsel's Motion to Be Relieved as Counsel is GRANTED. Counsel 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 is ordered to give notice of this ruling.