Judge: Holly J. Fujie, Case: 22STCV11383, Date: 2024-01-19 Tentative Ruling

Case Number: 22STCV11383    Hearing Date: January 19, 2024    Dept: 56

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

AND RELATED CROSS-ACTION

MOVING PARTY: Robert Marc Hindin (“Hindin”)

On December 20, 2023, Hindin filed a motion to be relieved as counsel (the “Motion”) for Defendant/Cross-Complainant Khalil Brian Zaghian (“Defendant”).  The Motion is compliant with California Rules of Court, rule 3.1362.  The Motion is unopposed.  Any opposition papers were required to have been filed and served at least nine court days before the hearing under California Code of Civil Procedure section 1005, subdivision (b).

DISCUSSION

The court has discretion on whether to allow an attorney to withdraw, and a motion to withdraw will not be granted where withdrawal would prejudice the client.  (Ramirez v. Sturdevant (1994) 21 Cal.App.4th 904, 915.) 

In support of the Motion, Hindin declares that there has been a complete breakdown in attorney/client communication that renders effective representation impossible.  The Court finds this to be an adequate basis for withdrawal.  For this reason and because it is unopposed, the Court provisionally GRANTS the Motion.  (Sexton v. Superior Court (1997) 58 Cal.App.4th 1403, 1410.)  Defendant may indicate whether he needs a trial continuation in order to retain new representation at the time of the hearing.

Moving party is ordered to give notice of this ruling.

Parties who intend to submit on this tentative must send an email to the Court at SMC_DEPT56@lacourt.org as directed by the instructions provided on the court website at www.lacourt.org.  If the department does not receive an email and there are no appearances at the hearing, the motion will be placed off calendar. 

         Dated this 19th day of January 2024