Judge: David B. Gelfound, Case: 23CHCV03022, Date: 2024-06-28 Tentative Ruling

Case Number: 23CHCV03022    Hearing Date: June 28, 2024    Dept: F49

LOS ANGELES SUPERIOR COURT

NORTH VALLEY DISTRICT

DEPARTMENT F49

MOTION TO BE RELIEVED AS COUNSEL

Motion filed: 3/6/24

MOVING PARTY: Counsel of record, Lisa N. Shyer, for Defendant Karine Smbatian (the “Counsel”)

RESPONDING PARTY: None

NOTICE: OK

RELIEF REQUESTED: An order relieving Counsel for Defendant Karine Smbatian

TENTATIVE RULING: The motion is CONTINUED.

BACKGROUND

On October 9, 2023, Plaintiff Lucine Martirosian (“Plaintiff”) initiated this action against Defendant Karine Smbatian (“Defendant”), and Does 1 to 20, alleging (1) Personal Injury, and (2) Premise Liability. Subsequently, Defendant filed her Answer to the Complaint on December 12, 2023.

On March 6, 2024, Defendant’s 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, subd. (1)(A) & (2).)

Here, Counsel has filed Judicial Council Forms MC-051 and MC-052. However, Counsel has not lodged Judicial Council Form MC-053 with the Court, failing to meet the requirement under California Rules of Court, rule 3.1362, subdivision (e).

Counsel has provided a declaration stating that the Motion is necessitated by “a complete breakdown in communication rendering it impossible for counsel to carry our representation.” (MC-052, ¶ 2.) Additionally, Counsel claims that “withdrawal of counsel can be accomplished without material adverse effects on the interest of the client.” (Ibid.)

The Court finds Counsel’s reasons for seeking relief to be satisfactory. Counsel states in his declaration that the Motion was served by USPS First Class mail at Defendant’s last known address. (MC-052, ¶ 3(a)(2).) Moreover, Counsel has confirmed within the past 30 days that this address is current by mail, return receipt requested and by other means including contacting Defendant’s personal email. (Id., ¶ 3(b)(2)(c).)

The next hearing scheduled for this action is a Case Management Conference set for July 16, 2024, at 8:30 a.m. in Department F49 at 9425 Penfield Ave., Chatsworth, CA 91311. A trial is not yet set. (MC-052, ¶¶ 5-6.)

Based on the foregoing, the Court CONTINUES the Motion to be Relieved as Counsel to allow additional time for Counsel to properly file the mandatory Judicial Council Form MC-053 and Proof of Service.

CONCLUSION

Defendant Karine Smbatian’s Counsel Lisa N. Shyer’s Motion to be Relieved as Counsel is CONTINUED.

Moving counsel to give notice.