Judge Holly J. Fujie, Case Number: 24STCV22398, Date: 2025-05-28 Tentative Ruling

MOVING PARTY: Counsel Hesam Yazdanpanah, Law Offices of D. Hess Panah & Associates (“Counsel”)

This action arises out of an alleged motor vehicle. Plaintiff Noah Shields (“Plaintiff”) sues Aaron Gabriel Culver (“Defendant”) and Does 1 through 50 pursuant to a September 3, 2024 complaint (“Complaint”) alleging a cause of action for negligence.

On April 1, 2025, Counsel filed the instant motion to be relieved as counsel for Plaintiff (the “Motion”). The Motion is unopposed.

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:¿

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). As reason for the Motion, Counsel states: “There has been a breakdown in communication with the client.” (MC-052, ¶ 2.) The forms were served via mail on the client and on all other parties who have appeared in this matter on April 1, 2025. (All Forms, Declaration of Service.) Counsel has been unable to confirm that the client’s address is current after mailing the papers to the client’s last known address, calling the client’s last known phone number and conducting a skip trace (MC-052, ¶ 3(b)(2).) Counsel states that the Court should grant the Motion because: “We have tried to contact Plaintiff to no avail. Counsel served the moving papers on the Clerk of the Court -located at Stanley Mosk Courthouse-pursuant to CCP §1011 and California Rules Court, rule 3.1362(d).” (MC-052, ¶ 3(c).) There is no showing that withdrawal would cause injustice or undue delay in the proceedings as trial in this action is not yet set. Thus, the Court finds that the Motion sets forth an adequate basis for withdrawal.

Counsel Hesam Yazdanpanah’s Motion to be Relieved as Counsel for Noah Shields is GRANTED.

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.

Hon. Holly J. Fujie

Judge of the Superior Court