Judge: Katherine Chilton, Case: 22STLC00157, Date: 2023-03-23 Tentative Ruling

Case Number: 22STLC00157    Hearing Date: March 23, 2023    Dept: 25

PROCEEDINGS:      MOTION TO BE RELIEVED AS COUNSEL

MOVING PARTY:   Counsel Norayr Ohanessian, Esq.

RESP. PARTY:         None

MOTION TO BE RELIEVED AS COUNSEL

(CCP § 284, CRC rule 3.162)

TENTATIVE RULING:

Counsel Norayr Ohanessian, Esq.’s Motion to Be Relieved as Counsel as to Plaintiff Erik Raphael 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 the client 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 March 21, 2023.               [   ] Late                      [X] None

REPLY:                     None filed as of March 21, 2023.               [   ] Late                      [X] None

ANALYSIS:

I.                Background

On January 10, 2022, Plaintiff Erik Raphael (“Plaintiff”) filed an action against Defendant Christopher David Torrey (“Defendant”) for motor vehicle and general negligence.  On June 10, 2022, Defendant filed an Answer to the Complaint.  On June 30, 2022, Defendant filed a Notice of Remote Appearance, indicating that Defendant and defense counsel intend to appear remotely throughout the case.

On November 3, 2022, the Court granted Defendant’s Motion to Compel Plaintiff’s Attendance, Testimony, and Production of Documents at Deposition, filed on October 6, 2022.  (11-3-22 Minute Order.)  The Court ordered Plaintiff to appear for a deposition on a date noticed by Defendant at least 60 days after this Order and to pay sanctions in the amount of $828.09 prior to the deposition date.  (Ibid.)

            On December 7, 2022, Counsel Norayr Ohanessian, Esq. (“Ohanessian”) filed the instant Motion to be Relieved as Counsel (“Motion”) as to Plaintiff Erik Raphael.

No opposition has been filed.

            On January 13, 2023, Defendant filed a Notice of Change of Handling Attorney.

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 December 7, 2022, Counsel Norayr Ohanessian, Esq. (“Ohanessian”) filed the instant Motion to be Relieved as Counsel as to Plaintiff Erik Raphael.  Counsel properly filed a Notice of Motion and Motion (MC-051).  Counsel also filed a Declaration in Support of the Motion (MC-052) stating that “THERE HAS BEEN A COMMUNICATION BREAKDOWN BETWEEN THE ATTORNEY AND CLIENT.”  (MC-052 ¶ 2.)  Counsel has also filed a Proposed Order, Form MC-053.

All documents were served on Plaintiff via first-class mail on December 7, 2022, at his last known address, which Counsel confirmed by personally going to the Plaintiff’s last known address and seeing that Plaintiff’s name was listed on the USPS mailbox and outside the telecom unit.  (MC-052 ¶ 3b; MC-052 pp. 3-4.)  Counsel has also served defense counsel with the moving papers via electronic service.  (MC-052 pp. 3-4.)

            The Court finds that all procedural requirements have been satisfied and there is no showing that withdrawal would cause injustice or undue delay in the proceedings.  Trial is currently set for July 10, 2023.

            Counsel Ohanessian’s Motion to be Relieved as Counsel as to Plaintiff Erik Raphael is GRANTED.

IV.           Conclusion & Order

For the foregoing reasons,

Counsel Norayr Ohanessian, Esq.’s Motion to Be Relieved as Counsel as to Plaintiff Erik Raphael 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 the client has been filed with the court.” (Ibid.)

Moving party is ordered to give notice.