Judge Jill Feeney, Case 21STCV42287 2023-01-19 Tentative Ruling

Department 30, Spring Street Courthouse

Motion to Be Relieved as Counsel for Plaintiff filed by Daniel Azizi and Steven Ross

DECISION ....AT HEARING MOTION IS DENIED WITHOUT PREJUDICE

Plaintiff is ordered to separately file the MC-053 in advance of the hearing.

If this is done, the motion will be granted.

The signed MC-053 must be served on Plaintiff and all other parties. Proof of such service must be filed within five court days after the date of this order.

This is an action for premises liability arising from a ceiling collapse that took place in January 2021. Plaintiff Sibil Land filed her Complaint against Defendant City of Culver City on November 16, 2021.

On December 23, 2022, Daniel Azizi filed the instant motion to be relieved as counsel.

Counsel Daniel Azizi and Steven Ross seek 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 Sibil Land.

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 her last known address which they confirmed via telephone and other investigation within 30 days prior to filing his motion. (MC-052 Item #3.) Plaintiff will not be prejudiced if Counsels’ motion is granted. The next hearing in this matter is a hearing on a motion to compel discovery set for February 10, 2023. Trial is set for May 16, 2023. There is sufficient time for Plaintiff to engage new counsel and/or request a continuance. The Court is satisfied that Counsel have a compelling reason to withdraw. (MC-052, Item #2.)