Judge: Daniel M. Crowley, Case: 20STCV46660, Date: 2022-08-23 Tentative Ruling

Case Number: 20STCV46660    Hearing Date: August 23, 2022    Dept: 28

Plaintiff Tyron Norwood’s Counsel Kaveh Keshmiri’s Motion to Be Relieved as Counsel

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

BACKGROUND

On December 7, 2020, Plaintiff Tyron Norwood (“Plaintiff”) filed this action against Defendant Anthony Johnson (“Defendant”) for premises liability and negligence.

On June 4, 2021, Defendant filed an answer.

On July 26, 2022, Plaintiff’s counsel, Kaveh Keshmiri, filed a Motion to be Relieved as Counsel to be heard on August 23, 2022.

Trial is currently scheduled for January 13, 2023.

PARTY’S REQUESTS

Plaintiff’s counsel, Kaveh Keshmiri, 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 are irreconcilable differences between Plaintiff and counsel. Counsel has indicated that Plaintiff was served via mail at his last known address, confirmed by telephone in the last 30 days. However, Counsel’s proof of service on all parties was only attached to the MC-051 and MC-051 form—not the MC-053 form, which was filed separately. The Court continues the hearing on the motion so the counsel may submit proof of service for the MC-053 form as well.

CONCLUSION

Counsel for Plaintiffs’ Motions to be Relieved as Counsel is CONTINUED to August 30, 2022, at 1:30 p.m. in Department 28 of the Spring Street Courthouse.

               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.