Judge Jill Feeney, Case 20STCV09880 2022-09-08 Tentative Ruling

Department 30, Spring Street Courthouse

Motion to Be Relieved as Counsel for Plaintiff filed by Hesam Yazdanpanah.

The motion is continued so that Counsel may file and serve a corrected MC-053. The MC-053 should include all future court appearances, including the motion for terminating sanctions.

Moving party is ordered to provide notice (including to Plaintiff) and to file proof of service of such notice within five court days after the date of this order.

This is an action for negligence arising from a vehicle collision which took place in March 2018. Plaintiff Omokorede Bisiriyo filed his Complaint against Frank and Courtney Fairbanks, along with Doe Defendants 1-50, on March 11, 2020.

On July 29, 2022, Plaintiff’s Counsel, Hesam Yazdanpanah of Hess Panah & Associates filed the instant motion to be relieved as counsel for Plaintiff Omokorede Bisiriyo.

Hesam Yazdanpanah (“Counsel”) seeks to be relieved as counsel for Plaintiff. Counsel states there has been no contact with Plaintiff and Plaintiff has failed to respond to phone calls and other forms of communication.

Opposing Arguments

“The question of granting or denying an application of an attorney to withdraw as counsel (Code Civ. Proc., § 284, subd. (2)) is one which lies within the sound discretion of the trial court ‘having in mind whether such withdrawal might work an injustice in the handling of the case.’ [Citation.]” (People v. Prince (1968) 268 Cal.App.2d 398, 406 [internal quotations omitted].) The court should also consider whether the attorney’s “withdrawal can be accomplished without undue prejudice to the client’s interests.” (Ramirez v. Sturdivant (1994) 21 Cal.App.4th 904, 915.)

California Rules of Court, rule 3.1362 requires that the following be submitted in support of an attorney’s Motion to Be Relieved as Counsel pursuant Code of Civil Procedure section 284, subdivision (2): (1) a notice of motion and motion directed to the client (made on Notice of Motion and Motion to Be Relieved as Counsel—Civil (Judicial Council Form, MC-051)); (2) a declaration stating in general terms and without compromising the confidentiality of the attorney-client relationship why a motion under Code of Civil Procedure section 284, subdivision (2) is brought instead of filing a consent under Code of Civil Procedure section 284, subdivision (1) (made on Declaration in Support of Attorney’s Motion to Be Relieved as Counsel—Civil (Judicial Council Form, MC-052)); (3) a proof of service evidencing service of the notice of motion and motion, declaration, and proposed order on the client and on all other parties who have appeared in the case; and (4) a proposed order relieving counsel (prepared on Order Granting Attorney’s Motion to Be Relieved as Counsel—Civil (Judicial Council Form, MC-053)). (Cal. Rules of Court, rule 3.1362, subd. (a), (c), (d), (e).)

Counsel seeks to be relieved as counsel for Plaintiff Omokorede Bisiriyo.

On August 3, 2022, Counsel filed an amended Notice of Motion and Motion to Be Relieved as Counsel (form MC-051) along with an amended Declaration in Support of Attorney’s Motion to Be Relieved as Counsel (form MC-052 and a Proposed Order Granting Attorney’s Motion to Be Relieved as Counsel (form MC-053) as required by California Rules of Court, rule 3.1362, subdivision (e).

The next hearing in this matter is on a Motion for Terminating Sanctions set for October 14, 2022. Counsel did not list this on Item #4 of form MC-052 or in the MC-053, presumably because the Motion for Terminating Sanctions was not filed until after the instant Motion to be Relieved as Counsel was filed.

This deficiency must be corrected and the Court will continue the hearing to permit Counsel to make the necessary correction. The Court notes that the continued hearing date must be sufficiently in advance of the motion for terminating sanctions hearing date so that Plaintiff will have notice of the terminating sanctions hearing date in time to appear and/or request a continuance of the hearing date.