Judge: Daniel M. Crowley, Case: 24STCP00044, Date: 2024-11-07 Tentative Ruling

Case Number: 24STCP00044    Hearing Date: November 7, 2024    Dept: 71

Superior Court of California

County of Los Angeles

DEPARTMENT 71

TENTATIVE RULING

Defendant Myrtle Allen’s Counsel, Armin Abzari, DPM’s and the Law Offices of Sharona Eslamboly Hakim’s, Motion to Be Relieved as Counsel is granted.

On January 8, 2024, Petitioner Progressive Insurance Company (“Progressive”) (“Petitioner”) filed its operative Petition against Respondents Myrtle Allen (“Allen”) and Sandra Wright (“Wright”) (collectively, “Respondents”).

On May 29, 2024, Respondents’ counsel, Armin Abzari, DPM, and the Law Offices of Sharona Eslamboly Hakim, filed the instant Motion to be Relieved as Counsel.  On July 24, 2024, Respondents’ counsel filed an amended motion and order with Allen’s name corrected on the Proposed Order.

Trial is not set in this matter.

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.  (See Decl. of Abzari.)  Counsel has indicated that Allen was served with copies of the motion papers filed with the declaration at Allen’s last known address and has confirmed within the past 30 days that the address is current by telephone, by conversation, and by the electronic case management system which has the most updated address on file based on communications with the client.  (See Decl. of Abzari ¶3.)

Conclusion

Allen’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:  November _____, 2024