Judge: Daniel M. Crowley, Case: 22STCV25735, Date: 2024-02-22 Tentative Ruling

Case Number: 22STCV25735    Hearing Date: February 22, 2024    Dept: 71

Superior Court of California

County of Los Angeles

DEPARTMENT 71

TENTATIVE RULING

Defendant Lightning Construction’s Counsel, Patricia Rodriguez’s, Motion to Be Relieved as Counsel is granted as to Lightning Construction only.

On August 9, 2022, Plaintiffs Melad Haddad (“Melad”) and Basimah Haddad (“Basimah”) (collectively, “Plaintiffs”) filed their operative Complaint against Defendants Lightning Construction (“Lightning”), Hayrapet Hakopchrkyan aka Hayko Hakopchrkyan (“Hayrapet”), and Ricardo Rios (“Rios”) (collectively, “Defendants”).  On September 28, 2022, Hayrapet filed his Answer.  On November 7, 2022, Plaintiffs entered default against Lightning.  On June 26, 2023, Plaintiffs entered default against Rios.  Rios filed his answer on June 27, 2023.  On September 1, 2023, this Court granted parties’ stipulation to set aside the default entered against Rios.

On October 26, 2023, Lightning’s counsel, Patricia Rodriguez, filed the instant Motion to be Relieved as Counsel.[1]

Trial is set for May 13, 2024.

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 completed MC-051, MC-052, and MC-053 forms. Counsel has provided a declaration stating a there is a breakdown of the attorney-client relationship.[2]  (See Decl. of Rodriguez.)  Counsel has indicated that Lightning was served with copies of the motion papers filed with the declaration at Lightning’s last known address and confirmed within the past 30 days that the address is current by telephone.

Conclusion

Lightning’s counsel’s Motion to Be Relieved as Counsel is granted.

Counsel will be relieved upon filing proof of service on their client of the Order Granting Attorney’s Motion to Be Relieved as Counsel—Civil (Judicial Council form MC-053).

Moving Party to give notice.

Dated:  February _____, 2024