Judge: David B. Gelfound, Case: 23CHCV02834, Date: 2025-01-08 Tentative Ruling

Counsel wishing to submit on a tentative ruling may inform the clerk or courtroom assistant in North Valley Department F49, 9425 Penfield Ave., Chatsworth, CA 91311, at (818) 407-2249.  Please be aware that unless all parties submit, the matter will still be called for hearing and may be argued by any appearing/non-submitting parties. If the matter is submitted on the court's tentative ruling by all parties, counsel for moving party shall give notice of ruling. This may be done by incorporating verbatim the court's tentative ruling. The tentative ruling may be extracted verbatim by copying and pasting, as unformatted text, from the Los Angeles Superior Court’s website, http://www.lasuperiorcourt.org.
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Case Number: 23CHCV02834    Hearing Date: January 8, 2025    Dept: F49

LOS ANGELES SUPERIOR COURT

NORTH VALLEY DISTRICT

DEPARTMENT F49

MOTION TO BE RELIEVED AS COUNSEL

Motion filed: 8/9/24

MOVING PARTY: Counsel Kayvon Hashemian and Avrek Law Firm for Plaintiff

RESPONDING PARTY: None.

NOTICE: OK.

RELIEF REQUESTED: An order relieving Counsel Kayvon Hashemian and Avrek Law Firm for Plaintiff Marcos Zarate.

TENTATIVE RULING: The motion is GRANTED.

BACKGROUND

This action arises from alleged personal injuries that Plaintiff sustained as a result of a motor vehicle accident occurred on October 1, 2021.

On September 20, 2023, Plaintiff Marcos Zarate (“Plaintiff” or “Zarate”) filed a Complaint against Defendants Does 1 to 25, alleging: (1) Motor Vehicle, and (2) General Negligence.

On August 9, 2024, Plaintiff’s counsel Kayvon Hashemian and Avrek Law Firm (“Counsel”) filed the instant Motion to be Relieved as Counsel (the “Motion”).

            No Opposition papers have been received by the Court.

ANALYSIS

The court may order that an attorney be changed or substituted at any time before or after judgment or final determination upon request by either client or attorney and after notice from one to the other. (Code Civ. Proc. § 284, subd. (2).) “The determination whether to grant or deny a motion to withdraw as counsel lies within the sound discretion of the trial court.” (Manfredi & Levine v. Superior Court (1998) 66 Cal.App.4th 1128, 1133.) An application to be relieved as counsel must be made on Judicial Council Forms MC-051 (Notice of Motion and Motion), MC-052 (Declaration), and MC-053 (Proposed Order). (Cal. Rules of Court, rule 3.1362, subds. (a), (c), (e).)

            In addition, California Rules of Court, rule 3.1362, subsection (d) requires that the notice of motion and motion, declaration, and proposed order be served on the client and all other parties who have appeared in the case by personal service, electronic service, or mail. If the notice is served by mail, it must be accompanied by a declaration stating facts showing that either:

            (A) The service address is the current residence or business address of the client; or

(B) The service address is the last known residence or business address of the client and the attorney has been unable to locate a more current address after making reasonable efforts to do so within 30 days before the filing of the motion to be relieved.

            (Cal. Rules of Court, rule 3.1362(1)(A) & (2).)

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

Counsel has provided a declaration stating that the Motion is necessitated by “Irreconcilable differences. The client by other conduct renders it unreasonably difficult for the lawyer to carry out the representation effectively.” (MC-052, ¶ 2.)

The Court finds Counsel’s reasons for seeking relief to be satisfactory. Counsel states in his declaration that the Motion was served by mail at Plaintiff’s last known address. (MC-052, ¶ 3a(2).) Additionally, Counsel declares that he has been unable to confirm that the address is current or to locate a more current address for Plaintiff after making the following efforts: mailing the motion papers to Plaintiff’s last known address, return receipt requested; calling the clint’s last known telephone number(s); and contacting Plaintiff’s brother, Robert Harnandez, via telephone. (Id. ¶ 3b(2).)

Counsel indicates that a jury trial is not yet set. (MC-052, ¶ 6; MC-053, ¶ 9.) Additionally, the case records indicate that no future hearings are currently scheduled.

Based on the foregoing, the Court GRANTS the Motion to be Relieved as Counsel.

CONCLUSION

Plaintiff Marcos Zarate’s counsel Kayvon Hashemian and Avrek Law Firm’s Motion to be Relieved as Counsel is GRANTED.

Moving counsel to give notice.