Judge: Daniel M. Crowley, Case: 21STCV34117, Date: 2023-01-31 Tentative Ruling

Case Number: 21STCV34117    Hearing Date: January 31, 2023    Dept: 28

Plaintiff Michelle Anne Leonard’s Counsel Daniel Azizi, Esq.’s Motion to Be Relieved as Counsel

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

BACKGROUND

On September 15, 2021, Plaintiff Michelle Anne Leonard (“Plaintiff”) filed this action against Defendants Lyft, Inc. (“Lyft”) and Myshelle Doe (“Doe”) for general negligence.

On February 25, 2022, Lyft filed an answer.

On December 28, 2022, Plaintiff’s counsel, Daniel Azizi, Esq., filed a Motion to be Relieved as Counsel to be heard on January 31, 2023.

Trial is currently scheduled for March 15, 2023.

PARTY’S REQUESTS

Plaintiff’s counsel, Daniel Azizi, Esq., 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. 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 telephone. Counsel submitted proof of service on Plaintiff, but not on Lyft. Lyft has appeared in this action—under CRC rule 3.1362, the motion must be served on all parties that have appeared in the case.

The Court continues the hearing on the motion, so that counsel can provide proof of service on Lyft.

CONCLUSION

Plaintiff’s Counsel's Motion to Be Relieved as Counsel is CONTINUED to February 22, 2023, at 1:30 p.m. in Department 28 of the Spring Street Courthouse.

               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.