Judge: Daniel M. Crowley, Case: 20STCV38432, Date: 2022-12-22 Tentative Ruling

Case Number: 20STCV38432    Hearing Date: December 22, 2022    Dept: 28

Motion to be Relieved as Counsel

Having considered the moving papers, the Court rules as follows.  No opposing papers were filed.

BACKGROUND

            On October 7, 2020 Plaintiff Kemal Besli (“Plaintiff”) filed a Complaint alleging a cause of action for negligence against Defendant David Diaz (“Defendant”), which arise from a motor vehicle accident.

            Trial is set for June 6, 2023.

PARTY’S REQUESTS

Plaintiff’s counsel, Hesam Yazdanpanah of Law Offices of D. Hess Panah & Associates (“Counsel”), moves to be relieved as Plaintiff’s counsel because Counsel has lost communication with 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.  (See Ramirez v. Sturdevant (1994) 21 Cal.App.4th 904, 915.) 

DISCUSSION

Counsel has filed the requisite forms pursuant to CRC Rule 3.1362.  Counsel also served the forms on Plaintiff and opposing counsel.  While Counsel was unable to confirm Plaintiff’s address, Counsel mailed the moving papers to Plaintiff’s last known address, called Plaintiff’s last known telephone numbers, and conducted a skip trace search to attempt to make contact with Plaintiff.  Counsel represents that all of his efforts were to no avail, and that he has lost complete communication with Plaintiff.

Plaintiff’s failure to respond to and communicate with Counsel has made representation unreasonably difficult/impossible, and is a proper basis to withdraw.  Plaintiff will not suffer prejudice, as the Final Status Conference is set for May 23, 2023 and trial is set for June 6, 2023.

            Accordingly, the motion to be relieved as counsel is GRANTED.

CONCLUSION

            Counsel’s Motion to be Relieves as Plaintiff’s Counsel is GRANTED.

            Counsel Associates 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.