Judge Jill Feeney, Case 20STCV26734 2023-04-12 Tentative Ruling

Department 30, Spring Street Courthouse

Motion to be Relieved as Counsel filed by Ernest Vojdani of the Vojdani Law Group, counsel for Defendant Parviz Poostchi

The motion is continued so that Counsel may file an amended MC-053.

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

Amended MC-053 must be filed at least five court days in advance of the continued hearing date.

Counsel will amend the MC-053 as follows: (1) Item 7a will read: October 2, 2023 at 10:00 a.m., Department 30, 312 North Spring Street, Los Angeles, CA 90012; (2) Item 7b will read: Final Status Conference; (3) Item 8: will be left blank; (4) Item 9b will read: October 16, 2023 at 8:30 a.m., Department 30, 312 North Spring Street, Los Angeles, CA 90012; and (5) Box 5a will be checked, not Box 5b.

Counsel to provide notice 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 and premises liability arising from a trip and fall incident which took place in July 2019. Plaintiff Majid Darabian filed his Complaint against Parvis Poostchi on July 16, 2020.

On March 14, 2023, Ernest Vojdani of the Vojdani Law Group filed his motion to be relieved as counsel.

Ernest Vojdani of the Vojdani Law Group, counsel for Defendant, moves to be relieved as counsel, citing a breakdown in the attorney-client relationship.

“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 Defendant.

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 Defendant by mail at his last known address. (MC-052 Item #3a.) Counsel was unable to confirm that the address was current and made reasonable efforts to confirm the address by calling Defendant’s last known telephone number, mailing the motion papers to Defendant’s address with return receipt requested, conducting a Google search, and conducting a skip trace. (MC-052 Item 3(b).)

Defendant will not be prejudiced if Counsel’s motions is granted. The next hearing in this matter is a Final Status Conference set for October 10, 2023. Trial is set for October 16, 2023. There is sufficient time for Defendant to engage new counsel and/or request a continuance. before trial. The Court is satisfied that Counsel has a compelling reason to withdraw as counsel. However, Counsel does need to make corrections to the proposed MC-053 as set forth above.