Judge Jill Feeney, Case 21STCV15349 2022-10-17 Tentative Ruling

Department 30, Spring Street Courthouse

Motion to Be Relieved as Counsel filed by Jihad M. Smaili, counsel for Plaintiff Armando Tapia

The hearing is continued to permit Counsel time to file a corrected MC-053 reflecting the new FSC and trial dates.

The parties are ordered to appear to set a continued date.

Moving party is ordered to provide notice, including to the Plaintiff, 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 arising from a vehicle collision that took place in March 2019. Plaintiff Armando Tapia filed his Complaint against Kevonna Jackson on April 22, 2021.

On September 14, 2022, Jihad M. Smaili filed the instant motion to be relieved as counsel.

Counsel Jihad M. Smaili seeks to be relieved as counsel for Plaintiff. Counsel cites a breakdown of the attorney-client relationship and states that his office has lost contact with Plaintiff.

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 Armando Tapia.

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 and has been unable to confirm the address or locate a more recent one. (MC-052 Item #3.) Counsel made reasonable efforts to confirm the address, including mailing the papers to the last known address with return receipt requested, calling Plaintiff’s telephone number, performing public records searches for new contact information, and sending several text messages to Plaintiff’s last known cell phone number.

Plaintiff will not be prejudiced if Counsel’s motion is granted. The next hearing in this matter is a final status conference scheduled for February 23, 2023. Trial is set for March 9, 2023. There is sufficient time for Plaintiff to engage new counsel before trial and/or to request a continuance. The Court is satisfied that Counsel has a compelling reason to withdraw as counsel given the breakdown of the attorney-client relationship. (MC-052, Item #2.)

The MC-053 must be revised to reflect the new FSC and trial dates.