Judge: Holly J. Fujie, Case: BC598599, Date: 2023-09-08 Tentative Ruling

Case Number: BC598599    Hearing Date: September 8, 2023    Dept: 56

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

MOVING PARTY: Ramin R. Younessi (“Younessi”)

On August 10, 2023, Younessi filed a motion to be relieved as Plaintiff’s counsel (the “Motion”).  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, Younessi declares that there has been a breakdown of the attorney/client relationship.  Since the date of submission of the Motion, Younessi filed a Status Report that indicated his belief that Plaintiff has died.  The Court finds this to be an adequate basis for withdrawal.  For this reason and because it is unopposed, the Court GRANTS the Motion.  (Sexton v. Superior Court (1997) 58 Cal.App.4th 1403, 1410.)  

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 8th day of September 2023