Judge Jill Feeney, Case 21STCV14999 2022-09-27 Tentative Ruling

Department 30, Spring Street Courthouse

Motion to Be Relieved as Counsel filed by the Law Offices of Ramin R. Younessi, APLC, and Ramin R. Younessi, Counsel for Plaintiff Samuel Sanchez

The motion is denied without prejudice.

This is an action for negligence arising from a vehicle collision which took place in April 2019. Plaintiff Samuel Sanchez filed his Complaint against Defendant Alfredo Rodriguez Cortez and Does 1-20 on April 20, 2021.

On August 9, 2022, the Law Offices of Ramin R. Younessi and Ramin R. Younessi filed the instant motion to be relieved as counsel.

Counsel the Law Offices of Ramin R. Younessi and Ramin R. Younessi seek to be relieved as counsel for Plaintiff. Counsel cites a breakdown of the attorney-client relationship.

Opposing Arguments

“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 Samuel Sanchez. Counsel cites a breakdown of the attorney-client relationship. (MC-052 Item #2.) Counsel served Plaintiff by mail at his current address which Counsel confirmed by conversation within 30 days of the filing of this motion. (MC-052 Item #3.)

Counsel filed a Notice of Motion and Motion to Be Relieved as Counsel (MC-051), a Declaration in Support of Attorney’s Motion to Be Relieved as Counsel (MC-052), and a Proposed Order Granting Attorney’s Motion to Be Relieved as Counsel (MC-053) 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).)

Item #5 of form MC-052 is blank. Counsel must fill out the remaining proceedings presently scheduled in this case, including the Final Status Conference, Jury Trial, Hearing on a Motion to Continue Trial, Informal Discovery Conference, and Hearing on a Motion to Compel Plaintiff’s Deposition and Request for Monetary Sanctions.

Item #6 on form MC-053 is incorrectly checked. Because Counsel confirmed Plaintiff’s current address by conversation, the address is Plaintiff’s current address, not his last known address.

Item #8 on form MC-053 does not reflect the remaining proceedings in this matter.

Plaintiff would be prejudiced if Counsel’s motion is granted. The next hearing in this matter is a final status conference scheduled for October 4, 2022, just one week from the date of the hearing on this motion. Trial is also imminent, scheduled for October 18, 2022. Moreover, there is a hearing on a motion to continue trial and an informal discovery conference also scheduled for October 18, 2022. There is no evidence Plaintiff would be able to engage new counsel in time for these proceedings or would otherwise be ready to proceed.

For all of these reasons, the motion is denied without prejudice.