Judge Jill Feeney, Case 20STCV26495 2022-12-27 Tentative Ruling

Department 30, Spring Street Courthouse

Motion to Be Relieved as Counsel filed by Hesam Yazdanpanah

The motion is continued to permit the filing of a corrected MC-053.

Form must be filed at least five court days in advance of the continued hearing date.

The parties are to appear on the date of the hearing to set a continued hearing date.

Moving party 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 July 2018. Plaintiff Jonathan Pineda filed his Complaint against Defendants Shayan Davatgarzadeh and Martha Martinez on July 14, 2020.

On December 12, 2022, Hesam Yazdanpanah filed the instant motion to be relieved as counsel.

Counsel Hesam Yazdanpanah seeks to be relieved as counsel for Plaintiff. Counsel cites a breakdown in communication with Plaintiff. Counsel has not been able to contact Plaintiff.

“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 Jonathan Pineda.

Counsel filed a Notice of Motion and Motion to Be Relieved as Counsel (MC-051), an Order Granting Attorney’s Motion to Be Relieved as Counsel (MC-053), and a Declaration in Support of Attorney’s Motion to Be Relieved as Counsel (MC-052) on the appropriate forms, as outlined within California Rules of Court, rule 3.1362, subdivisions (a), (c), and (e). (Cal. Rules of Court, rule 3.1362, subd. (a), (c), (e).)

Counsel served Plaintiff by mail at his last known address. (MC-052 Item #3.) Counsel could not confirm that his address was current and made reasonable efforts to confirm the address by mailing the motion papers with return receipt requested, calling his last-known telephone number, and performing a skip trace. (MC-052 Item #3(b)(2).)

Plaintiff will not be prejudiced if Counsel’s motion is granted. The next hearing in this matter is an Order to Show Cause Re: Why this Action Should Not Be Dismissed as to Remaining Defendant Farnaz Eghbali for Failure to Enter Default Judgment set for February 7, 2023. There is sufficient time for Plaintiff to engage new counsel and/or request a continuance. However, the hearing dates on Counsel’s forms are outdated. Counsel must submit an MC-053 with updated dates.

The Court is satisfied that Counsel has a compelling reason to withdraw as counsel given the breakdown in client communication. (MC-052, Item #2.)

Counsel must include Plaintiff’s telephone number on form MC-053 in Item number 4.