Judge Jill Feeney, Case 20STCV47842 2023-02-03 Tentative Ruling

Department 30, Spring Street Courthouse

Motion to Be Relieved as Counsel for Plaintiff filed by Daniel Moossai

The motion is denied without prejudice.

Moving party 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 premises liability arising from a slip and fall incident which took place in December 2018.

On December 18, 2022, Daniel filed the instant motion to be relieved as counsel.

Counsel Daniel Moossai seeks to be relieved as counsel for Plaintiff. Counsel cites 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 seek to be relieved as counsel for Plaintiff David Garvin.

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 personally served Plaintiff. (MC-052 Item #3.) However, Counsel failed to serve proof of service showing Plaintiff was personally served at least 5 days before the hearing on this matter.

Moreover the MC-052 is completed by attorney Daniel Moossai. However, according to court records, he is not the counsel of record for Plaintiff. Daniel Azizi is listed as counsel of record. Therefore, Azizi must make the motion to be relieved.