Judge Jill Feeney, Case 21STCV17254 2022-12-27 Tentative Ruling

Department 30, Spring Street Courthouse

Motion to Be Relieved as Counsel for Plaintiff Miguel Sierra Gonzalez filed by the Matt Koohanim of the Law Offices of Joan Lauricella

The motion is continued to allow for the filing of corrected forms.

Forms must be filed at least five court days in advance of the continued hearing date.

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

Moving party to provide notice, including to Plaintiff Gonzalez, 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 which took place in May 2019. Plaintiff Alejandra Martinez Garcia filed her Complaint against Defendant Eduardo Enrique Alvarado Ramirez on May 7, 2021.

On May 26, 2021, Garcia filed a First Amended Complaint adding Miguel Sierra Gonzalez as a Plaintiff in this action.

On November 17, 2022, the Matt Koohanim of the Law Offices of Joan Lauricella filed the instant motion to be relieved as counsel for Plaintiff Miguel Sierra Gonzalez.

Counsel Matt Koohanim of the Law Offices of Joan Lauricella seeks to be relieved as counsel for Plaintiff Gonzalez. Counsel states that Gonzalez has not answered Counsel’s calls or responded to letters.

“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 Gonzalez.

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 Gonzalez by mail at his last known address. (MC-052 Item #3.) Counsel left MC-052 Item #3(b) blank and failed to state whether he confirmed Gonzalez’s address was current. (MC-052 Item #3(b).)

Gonzalez will not be prejudiced if Counsel’s motion is granted. The next hearing in this matter is a Final Status Conference set for April 17, 2023. Trial is set for May 1, 2023. Counsel failed to note the trial date and remaining hearing dates on MC-052 and MC-053.

The Court is satisfied that Counsel has a compelling reason to withdraw as counsel given the breakdown in client communication. (MC-052, Item #3(c).)