Judge: David B. Gelfound, Case: 23CHCV02477, Date: 2024-10-04 Tentative Ruling

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Case Number: 23CHCV02477    Hearing Date: October 4, 2024    Dept: F49

LOS ANGELES SUPERIOR COURT

NORTH VALLEY DISTRICT

DEPARTMENT F49

MOTION TO BE RELIEVED AS COUNSEL [1183]

Motion filed: 8/17/24

MOVING PARTY: Plaintiff Florence Bistline’s counsel Joseph S. Farzam of Joseph Farzam Law Firm (the “Counsel”)

RESPONDING PARTY: None

NOTICE: OK.

RELIEF REQUESTED: An order relieving Counsel Joseph S. Farzam as counsel for Plaintiff Florence Bistline

TENTATIVE RULING: The motion is DENIED.

BACKGROUND

On August 17, 2023, Plaintiff Florence Bistline (“Plaintiff” or “Bistline”) filed the Complaint against Defendants Kaiser Foundation Hospitals d/b/a Kaiser Foundation Hospital – Santa Clarita, Kaiser Foundation Health Plan, Inc., (collectively, “Defendants”) and Does 1 to 250, alleging a single cause of action for wrongful death due to medical negligence. Subsequently, Defendants filed their Answer to the Complaint on October 31, 2023.

On August 17, 2024, Counsel filed the instant Motion to be Relieved as Counsel (the “Motion”).

            No Opposition papers have been received by the Court.

ANALYSIS

Pursuant to Code of Civil Procedure section 284, “The attorney in an action or special proceeding may be changed at any time before or after judgment or final determination, as follows: 1. Upon the consent of both client and attorney, filed with the clerk, or entered upon the minutes; 2. Upon the order of the court, upon the application of either client or attorney, after notice from one to the other.

Here, Counsel has filed Judicial Council Forms MC-051 and MC-052. Additionally, Counsel has lodged Judicial Council Form MC-053 with the Court.

The MC-051 form states, in pertinent part, that “Joseph Farzam Law Firm; Joseph S. Farzam moves under California Code of Civil Procedure section 284(2) and California Rules of Court, rule 3.1362, for an order permitting the attorney to be relieved as attorney of record in this action or proceedings.” (MC-051 ¶ 1.) (Underlines added.)

The MC-052 form also indicates that “Reason for Motion. Attorney makes this motion to be relieved as counsel under Code of Civil Procedure section 284(2) instead of filing a consent under section 284(1) ...” (MC-052 ¶ 2.) (Underlines added.)

The proposed order form, MC-053, also states that “Attorney has shown sufficient reasons why the motion to be relieved as counsel should be granted and why the attorney has brought a motion under Code of Civil Procedure section 284(2) instead of a consent under section 284(1).” (MC-053 ¶ 4.) (Underlines added.)

However, Counsel declares that the reason for the motion is “Both client and counsel agree on the withdrawal.” (MC-052 ¶ 2.) This reason necessitates a filing based on consent under Civil Procedure section 284(1). Consequently, it is evident that Counsel has submitted the incorrect forms which are inapplicable for the stated reason for the withdrawal.

Accordingly, the Court DENIES the Motion.

CONCLUSION

The Court DENIES the Motion to be Relieved as Counsel filed by Plaintiff Florence Bistline’s counsel Joseph S. Farzam of Joseph Farzam Law Firm.

Moving counsel to give notice.