Judge: Kerry Bensinger, Case: 18STCV00734, Date: 2023-09-19 Tentative Ruling

Case Number: 18STCV00734    Hearing Date: September 19, 2023    Dept: 27

Tentative Ruling

Judge Kerry Bensinger, Department 27

HEARING DATE:      September 19, 2023                                   TRIAL DATE:  September 27, 2023

CASE:                                Adi Ake Lopez v. The State of California, et al.

CASE NO.:                 18STCV00734

MOTION TO BE RELIEVED AS COUNSEL

MOVING PARTY:               Suzanna Abrahamian and Tigran Martinian, Martinian & Associates

RESPONDING PARTY:     No opposition

I.          INTRODUCTION

On September 6, 2023, Suzanna Abrahamian and Tigran Martinian, counsel for Plaintiffs Adi Ake Lopez, Mirna Elizabeth Chi Ake, and Santos Pabio Chi Ake, filed this Motion to be Relieved as Counsel.  

II.        LEGAL STANDARDS 

California Rule of Court rule 3.1362 (Motion to Be Relieved as Counsel) requires (1) notice of motion and motion to be directed to the client (made on the Notice of Motion and Motion to be Relieved as Counsel—Civil 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(2) is brought instead of filing a consent under Code of Civil Procedure section 284(1) (made on the Declaration in Support of Attorney's Motion to Be Relieved as Counsel—Civil form (MC-052)); (3) service of the notice of motion and motion and declaration on all other parties who have appeared in the case; and (4) the proposed order relieving counsel (prepared on the Order Granting Attorney's Motion to Be Relieved as Counsel—Civil form (MC-053)). 

The court has discretion to allow an attorney to withdraw, and such a motion should be granted provided that there is no prejudice to the client, and it does not disrupt the orderly process of justice.  (See Ramirez v. Sturdevant (1994) 21 Cal.App.4th 904, 915.)  

III.       DISCUSSION 

Suzanna Abrahamian and Tigran Martinian seek to be relieved as counsel of record for Plaintiffs for the following reasons: “The motion is made on the grounds that Plaintiffs, Adi Ake Lopez. Mirna Elizabeth Chi Ake, Santos Pabio Chi Ake have made representation unreasonably difficult for their attorney to carry out the representation effectively.  The specific facts which give rise to this motion are confidential and required to be kept confidential pursuant to Business and Professions Code §6068(e), rule 3-100(A). California Rules of Professional Conduct, and by the attorney-client privilege (Evid. C., §§950 et seq.). In the event that this court desires further information to ascertain the good faith basis for this motion and for withdrawal, it is respectfully requested that the court have an in camera hearing outside of the presence of all other parties so that the specific facts demonstrating good cause for this withdrawal may be demonstrated to the court. (Manfredi & Levine v. Superior Court (1998) 66 Cal. App.4th 1128, 1136-1137; 3-700(B) or (C)).”  (MC-052.)   

Absent a showing of resulting prejudice, an attorney’s request for withdrawal should be granted.  (People v. Prince (1968) 268 Cal.App.2d 398, 406.).  

Upon review, the Court finds the Motion complies with Rules of Court, rule 3.1362.  However, trial is less than two weeks away.  This case, if it is to be prosecuted, must commence no later than April 9, 2024 (given the COVID 6 month extension.)  The Court will hear from the parties regarding the trial date.    

IV.       CONCLUSION        

            The Motion is granted and effective upon the filing of the proof of service of this signed order upon Plaintiff.¿¿¿The Court will hear from Counsel regarding the trial date.¿¿

            Counsel to give notice.  

Dated:   September 19, 2023                                                   ___________________________________

                                                                                    Kerry Bensinger

                                                                                    Judge of the Superior Court

            Parties who intend to submit on this tentative must send an email to the Court at SSCDEPT27@lacourt.org indicating intention to submit on the tentative as directed by the instructions provided on the court website at www.lacourt.org.  Please be advised that if you submit on the tentative and elect not to appear at the hearing, the opposing party may nevertheless appear at the hearing and argue the matter.  Unless you receive a submission from all other parties in the matter, you should assume that others might appear at the hearing to argue.  If the Court does not receive emails from the parties indicating submission on this tentative ruling and there are no appearances at the hearing, the Court may, at its discretion, adopt the tentative as the final order or place the motion off calendar.