Judge: Holly J. Fujie, Case: 24STCV21287, Date: 2025-05-14 Tentative Ruling

Case Number: 24STCV21287    Hearing Date: May 14, 2025    Dept: 56

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

MOVING PARTY:  Counsel Victoria Farrah Manesh, Esq. (“Counsel”)

RESPONDING PARTY: None

            The Court has considered the moving papers. No opposition has been filed.

BACKGROUND

            This action arises out of an alleged motor-vehicle accident. Plaintiffs Angel Steve Morales (“Morales”) and Yuany G. Partida (collectively, “Plaintiffs”) filed the complaint (“Complaint”) against John Ogbunamiri (“Defendant”) and Does 1 through 100, inclusive, on August 21, 2024, alleging causes of action for: (1) motor vehicle; and (2) general negligence.

            On December 11, 2024, Defendant filed a cross-complaint (“Cross-Complaint”) against Morales and Roes 1 through 100, inclusive, alleging causes of action for: (1) implied indemnity and total indemnity; and (2) declaratory relief and apportionment of fault.

            On April 18, 2025, Counsel filed the instant motion to be relieved as counsel for Morales (the “Motion”). The Motion is unopposed.

DISCUSSION

            Code of Civil Procedure (“CCP”) section 284 states that “the attorney in an action…may be changed at any time before or after judgment or final determination, as follows: (1) upon the consent of both client and attorney…; (2) upon the order of the court, upon the application of either client or attorney, after notice from one to the other.”¿ (CCP § 284; California Rules of Court (“CRC”) 3.1362.)¿ The withdrawal request may be denied if it would cause an injustice or undue delay in proceeding; but the court's discretion in this area is one to be exercised reasonably.¿ (Mandell v. Superior (1977) 67 Cal.App.3d 1, 4; Lempert¿v. Superior Court (2003) 112 Cal.App.4th 1161, 1173.)¿

In making a motion to be relieved as counsel, the attorney must comply with procedures set forth in CRC, rule 3.1362.¿ The motion must be made using mandatory forms:¿ 

¿ 

1. Notice of Motion and Motion to be Relieved as Counsel directed to the client (MC-051);¿ 

2. Declaration “stating in general terms and without compromising the confidentiality of the attorney-client relationship” the reasons that the motion was brought (MC-052);¿and 

3. Proposed Order (MC-053).¿ 

¿ 

The forms must be timely filed and served on all parties who have appeared in the case.¿ (CRC rule 3.1362.)¿ If these documents are served on the client by mail, there must be a declaration stating either that the address where the client was served is their “current residence or business address” or “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.”¿ (CRC rule 3.1362 subd. (d)(1).)¿ 

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.) Withdrawal is generally permitted unless there is a compelling reason to continue the representation. (Heple v. Kluge (1951) 104 Cal.App.2d 461, 462.)   

Counsel filed a Notice of Motion and Motion (MC-051), Declaration in Support of Motion (MC-052) and Proposed Order (MC-053). Counsel has not filed any proof of service, however, indicating that the forms were served on the client or other parties who have appeared in the matter. The Court notes that Counsel appears to have filed an identical motion with a hearing date of June 2, 2025 which includes proof of service on all parties. (4/23/2025 MC-051, MC-052, MC-053.) Accordingly, the instant Motion is placed OFF-CALENDAR. The Court will review Counsel’s request to be relieved on June 2, 2025 so that all parties have proper notice and opportunity to respond.  

Counsel Victoria Farrah Manesh’s Motion to be Relieved as Counsel for Angel Steve Morales is placed OFF-CALENDAR.

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 14th day of May 2025