Judge: Jon R. Takasugi, Case: 20STCV10460, Date: 2024-01-17 Tentative Ruling

Case Number: 20STCV10460    Hearing Date: January 17, 2024    Dept: 17

Superior Court of California

County of Los Angeles

DEPARTMENT 17

TENTATIVE RULING

S. Nathan Yun’s motion to be relieved as counsel is GRANTED, effective upon filing proof of service of the court’s order (MC-053).

Legal Standard

Motions to withdraw are routinely granted if made in the proper form and presented with proper notice. The court may issue an order allowing an attorney to withdraw from representation, after notice to the client.  (Code Civ. Proc., § 284(2).) 

Discussion

S. Nathan Yun brings the instant motion for relief as counsel as to Plaintiff Touraj “T.J.” Houshmandzadeh (Plaintiff). In his declaration, Mr. Yun explains that he has been unable to reach his client since 9/19/2021, after Plaintiff’s remote deposition was suspended to allow for possible settlement discussions to take place on 9/29/2023. (See Yun Decl.)

On 1/8/2024, the Court dismissed Plaintiff’s FAC without prejudice, after he failed to appear for the scheduled jury trial.

Given that Plaintiff’s FAC has been dismissed, and given that Mr. Yun has been unable to contact his client since September 2023, the Court finds good cause to grant the requested relief. 

The following documents are properly submitted: Civil Form MC-051 “Notice of Motion and Motion to be Relieved as Counsel,” Civil Form MC-052 “Declaration in Support of Attorney’s Motion to be Relieved as Counsel,” and Civil Form MC-053 “Order Granting Attorney’s Motion to be Relieved as Counsel.”

            The motion is GRANTED.

It is so ordered.

Dated:  January    , 2024

   Hon. Jon R. Takasugi
   Judge of the Superior Court

Parties who intend to submit on this tentative must send an email to the court at smcdept17@lacourt.org by 4 p.m. the day prior as directed by the instructions provided on the court website at www.lacourt.org.  If a party submits on the tentative, the party’s email must include the case number and must identify the party submitting on the tentative.  If all parties to a motion submit, the court will adopt this tentative as the final order.  If the department does not receive an email indicating the parties are submitting on the tentative and there are no appearances at the hearing, the motion may be placed off calendar.  For more information, please contact the court clerk at (213) 633-0517.