Judge: Daniel M. Crowley, Case: 21STCV13799, Date: 2023-05-25 Tentative Ruling

Case Number: 21STCV13799    Hearing Date: May 25, 2023    Dept: 71

Superior Court of California

County of Los Angeles

DEPARTMENT 71

TENTATIVE RULING

Defendant Strategic Legacy Investment Group, Inc.’s Counsel Pamela Mozer of the Law Offices of Pamela A. Mozer’s Motion to Be Relieved as Counsel is granted.

On April 12, 2021, Plaintiff Nahid Anna Baghery (“Baghery”) (“Plaintiff”) filed this action against Defendant Strategic Legacy Investment Group, Inc. (“Strategic”) (“Defendant”) for breach of contract, common counts, and fraud (intentional and negligent misrepresentation).

On October 20, 2022, Defendant filed an answer.

On May 12, 2023, Defendant’s counsel, Pamela Mozer of the Law Offices of Pamela A. Mozer, filed a Motion to be Relieved as Counsel.

Trial is currently scheduled for July 5, 2023.

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 forms. Counsel has provided a declaration stating that there has been an irreconcilable breakdown in the attorney-client relationship. Counsel has indicated that Defendant was personally served with copies of the motion papers filed with this declaration, and a proof of service.

Conclusion

Defendant’s Counsel’s Motion to Be Relieved as Counsel is granted.

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.