Judge: Jill Feeney, Case: 20STCV26495, Date: 2023-03-30 Tentative Ruling
Case Number: 20STCV26495 Hearing Date: March 30, 2023 Dept: 30
Department 30, Spring Street Courthouse
March 30, 2023
20STCV26495
Motion to Be Relieved as Counsel filed by Hesam Yazdanpanah
DECISION
The motion is denied without prejudice.
Moving party to provide notice.
Background
On December 12, 2022, Hesam Yazdanpanah filed a motion to be relieved as counsel.
On January 31, 2023, the Court denied counsel’s motion to be relived as counsel at a continued hearing after counsel failed to appear for the original hearing in December 2022 and did not make the corrections ordered by the Court on December 27, 2022.
On March 1, 2023, counsel filed a second motion to be relieved as counsel.
Summary
Moving Arguments
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.
Opposing Arguments
None.
Legal Standard
“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).)
Discussion
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 would be unduly prejudiced if counsel’s motion is granted at this juncture. The next hearing in this matter is a motion to set aside default entered against Defendant Farnaz Eghbali, the only defendant remaining in the case, for February 12, 2023, less than two weeks from the date of this hearing. There is a trial setting conference set for the same day, as well as a hearing concerning Plaintiff’s failure to enter default judgment against Eghbali. There is insufficient time for Plaintiff to retain new counsel or to address these matters as a pro se litigant.
