Judge: Katherine Chilton, Case: 21STLC00699, Date: 2022-12-20 Tentative Ruling

Case Number: 21STLC00699     Hearing Date: December 20, 2022    Dept: 25

PROCEEDINGS:      MOTION TO BE RELIEVED AS COUNSEL

MOVING PARTY:   Counsel Ameer A. Shah, Esq., for Plaintiff Susana Flores

RESP. PARTY:         None

MOTION TO BE RELIEVED AS COUNSEL

(CCP § 284, CRC rule 3.162)

TENTATIVE RULING:

Counsel Ameer A. Shah’s Motion to Be Relieved as Counsel as to Plaintiff Susana Flores is GRANTED and the Order will be signed at the hearing.  “After the order is signed, a copy of the signed order must be served on the client and on all parties that have appeared in the case.” (Cal. Rules of Court, rule 3.1362(e).)  The Order on this Motion will not be effective “until proof of service of a copy of the signed order on Plaintiff has been filed with the court.” (Ibid.)

SERVICE:

[X] Proof of Service Timely Filed (CRC, rule 3.1300)                 OK

[X] Correct Address (CCP §§ 1013, 1013a)                                                 OK

[X] 16/21 Court Days Lapsed (CCP §§ 12c, 1005(b))                     OK

OPPOSITION:          None filed as of December 14, 2022.                     [   ] Late                      [X] None

REPLY:                     None filed as of December 14, 2022.                     [   ] Late                      [X] None

ANALYSIS:

I.                Background

On January 25, 2021 Plaintiff Susana Flores (“Plaintiff”) filed an action against Defendants Arthur Karabouloutian (“Arthur”), Ovik Karabouloutian (“Ovik”), and Gayane Gevorkyan (“Gayane”), (collectively “Defendants”) for motor vehicle and general negligence arising out of an alleged automobile accident on January 29, 2019.  On June 9, 2021, Defendants filed a joint Answer to the Complaint.

            On July 7, 2022, based on stipulation of the parties, the Court continued the trial from July 25, 2022, to October 12, 2022.  (7-7-22 Stipulation and Order.)  On October 4, 2022, based on the stipulation of the parties, the Court again continued the trial from October 12, 2022, to February 27, 2023.  (10-4-22 Stipulation and Order.)

On October 21, 2022, Counsel for Plaintiff Flores, Ameer A. Shah, Esq. (“Shah”), filed the instant Motion to be Relieved as Counsel (“Motion”).  No opposition has been filed.

On November 17, 2022, the Court continued the hearing on the Motion to allow Counsel Shah an opportunity to correct the Court’s address on Forms MC-051, MC-052, and MC-053, file them with the Court, and serve them on all parties.  (11-17-22 Minute Order.)

On November 21, 2022, Counsel Shah filed Forms MC-051, MC-052, and MC-053, with the correct address for the Spring Street Courthouse.  Counsel also filed proof that each of the forms had been properly served on all parties.  (MC-051 p. 3; MC-052 p. 4; MC-053 p. 3.)

II.              Legal Standard

            Code of Civil Procedure § 284 states that “the attorney in an action…may be changed at any time before or after judgment or final determination, as follows: (1) upon the consent of both client and attorney…; (2) upon the order of the court, upon the application of either client or attorney, after notice from one to the other.”  (Code Civ. Proc. § 284; CRC 3.1362.)  The withdrawal request may be denied if it would cause an injustice or undue delay in proceeding; but the court's discretion in this area is one to be exercised reasonably.  (See Mandell v. Superior (1977) 67 Cal.App.3d 1, 4; Lempert v. Superior Court (2003) 112 Cal.App.4th 1161, 1173.)

            In making a motion to be relieved as counsel, the attorney must comply with procedures set forth in Cal. Rules of Court, Rule 3.1362.  The motion must be made using mandatory forms:

1.     Notice of Motion and Motion to be Relieved as Counsel directed to the client – (MC-051);

2.     Declaration “stating in general terms and without compromising the confidentiality of the attorney-client relationship” the reasons that the motion was brought (MC-052);

3.     Proposed Order (MC-053).

(Ibid.)  The forms must be timely filed and served on all parties who have appeared in the case.  (Ibid.)  If these documents are served on the client by mail, there must be a declaration stating either that the address where client was served is “the current residence or business address of the client” or “the last known residence or business address of the client and the attorney has been unable to locate a more current address after making reasonable efforts to do so within 30 days before the filing of the motion to be relieved.”  (Cal. Rules of Court, rule 3.1362(d)(1).)

III.            Discussion

On October 21, 2022, Counsel Ameer A. Shah (“Shah”) moved the Court to relieve him as attorney of record for Plaintiff Susana Flores.  (Mot. – MC-051.)  Counsel also filed a Declaration in Support of the Motion (MC-052) stating that “a virtual breakdown of attorney-client relationship has taken place” as “Ms. Flores (hereinafter "Client") has failed to cooperate and demonstrated no interest in the ongoing litigation.”  (MC-052, ¶ 2.)  Counsel adds that “Client expressed a deep mistrust in my office and staff in general” and thus, Counsel finds it “very difficult for us to work with this client where there is so much lack of trust.”  (MC-052, Attach. 2.)  Counsel also filed a Proposed Order, Form MC-053.

All documents were served on Plaintiff on October 19, 2022 at her last known address, which Counsel confirmed by telephone and by conversation within the past 30 days.  (MC-051 p. 4; MC-052 p. 4; MC-053 p. 4; MC-052 ¶ 3.)  Counsel has also served the documents on defense counsel representing all Defendants.  (MC-051 p. 4; MC-052 p. 4; MC-053 p. 4.)

On November 17, 2022, the Court noted that there was no showing that withdrawal would cause injustice or undue delay in the proceedings.  (11-17-22 Minute Order.)  Although the Court found that Counsel had satisfied most of the requirements for filing the Motion, the Court continued the hearing on the Motion to allow Counsel Shah an opportunity to correct the Court’s address on Forms MC-051, MC-052, and MC-053, file them with the Court, and serve them on all parties.     (11-17-22 Minute Order.)

On November 21, 2022, Counsel Shah filed Forms MC-051, MC-052, and MC-053, with the correct address for the Spring Street Courthouse.  Counsel also filed proof that each of the forms was properly served on all parties.  (MC-051 p. 3; MC-052 p. 4; MC-053 p. 3.)

            Accordingly, Counsel Shah’s Motion to be Relieved as Counsel is GRANTED.

IV.           Conclusion & Order

For the foregoing reasons, Counsel Ameer A. Shah’s Motion to Be Relieved as Counsel as to Plaintiff Susana Flores is GRANTED and the Order will be signed at the hearing.  “After the order is signed, a copy of the signed order must be served on the client and on all parties that have appeared in the case.” (Cal. Rules of Court, rule 3.1362(e).)  The Order on this Motion will not be effective “until proof of service of a copy of the signed order on Plaintiff has been filed with the court.” (Ibid.)

Moving party is ordered to give notice.