Judge Jill Feeney, Case 22STCV14262 2022-08-18 Tentative Ruling

Department 30, Spring Street Courthouse

Motion to Be Relieved as Counsel filed by Nathalie E. Corral (Plaintiff’s Counsel)

The motion is granted.

Counsel is ordered to serve the signed MC-053 on Plaintiff and to file proof of such service within five court days after the date of this order.

This is an action for motor vehicle negligence and general negligence arising from a vehicle collision which took place in May 2020. Plaintiff Keyvan Kahoolyzadeh filed his Complaint against David Teklehaimanot on April 28, 2022.

On July 26, 2022, Plaintiff’s Counsel, Nathalie E. Corral of Tofer & Associates filed the instant motion to be relieved as counsel for Plaintiff Marco Keyvan Kahoolyzadeh.

Nathalie E. Corral (“Counsel”) seeks to be relieved as counsel for Plaintiff. Counsel states she has been unable to contact the client and that there is a conflict of interest.

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 Keyvan Kahoolyzadeh.

Counsel filed a Notice of Motion and Motion to Be Relieved as Counsel (MC-051), Declaration in Support of Attorney’s Motion to Be Relieved as Counsel (MC-052), and Proposed Order Granting Attorney’s Motion to Be Relieved as Counsel (MC-053) on all 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 states she served Plaintiff at his current address and confirmed his address within the past 30 days by email, text, and certified mail. (MC-052, Item #3(b).)

The next hearing in this matter is the Final Status Conference set for October 12, 2023. (MC-052, Item #4.) Trial is set for October 26, 2023. (MC-052, Item #6.) There is sufficient time for Plaintiff to engage new counsel. The Court is satisfied that Counsel has a compelling reason to withdraw as counsel given the breakdown of attorney-client communications. (MC-052, Item #2.)

The Court's Ruling and Attorney's relief as Counsel of
record for client is not effective until Proof of Service of the Order signed
by the Court upon the client is filed in this action. Until then, counsel continues to be counsel
of record. Cal. Rules of Court
3.1362(e).