Judge: Jill Feeney, Case: 20STCV42314, Date: 2022-09-30 Tentative Ruling
Case Number: 20STCV42314 Hearing Date: September 30, 2022 Dept: 30
Department 30, Spring Street Courthouse
September 30, 2022
20STCV42314
Motion to Be Relieved as Counsel filed by Nina Sargsyan and Daniel Azizi.
DECISION
The motion is granted.
Plaintiff’s counsel must serve a signed MC-053 on Plaintiff and file proof of service within five court days after the date of this order.
Moving party is ordered to provide notice.
Background
This is an action for general negligence and motor vehicle negligence arising from a vehicle collision which took place in November 2018. Plaintiff Scott Levine filed his Complaint against Defendant Brittany Shaw and Does 1 to 50 on November 4, 2020.
On August 12, 2022, Nina Sargsyan and Daniel Azizi, Counsel for Plaintiff Scott Levine, filed the instant motion to be relieved as counsel for Plaintiff.
Summary
Moving Arguments
Nina Sargsyan and Daniel Azizi (“Counsel”) seek to be relieved as counsel for Plaintiff. Counsel cite a breakdown in communication and the attorney-client relationship between Counsel and Plaintiff. Counsel state that the level of trust necessary to continue representation no longer exists.
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 Scott Levine.
Counsel filed a Notice of Motion and Motion to Be Relieved as Counsel (MC-051), Declaration in Support of Attorney’s Motion to Be Relieved as Counsel (MC-052), and Proposed Order Granting Attorney’s Motion to Be Relieved as Counsel (MC-053) on all 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 at his last known address. (MC-052, Item #3(a).) Counsel confirmed Plaintiff’s address by telephone within 30 days before the filing of this motion. (MC-052, Item #3(b)(2).)
The next hearings on this matter are two Orders to Show Cause Re: Dismissal scheduled for November 10, 2022. (MC-052, Item #4.) Trial is set for December 6, 2022. (MC-052, Item #6.) Counsel properly noted the remaining actions in this case. (MC-052 Item #5; MC-053 Items #7, 8.) There is sufficient time for Plaintiff to engage new counsel or to request a continuance. The Court is satisfied that Counsel has a compelling reason to withdraw as counsel given the breakdown of communication and of the attorney-client relationship. (MC-052, Item #2.)
