Judge: Kerry Bensinger, Case: 21STCV05568, Date: 2023-04-05 Tentative Ruling

Case Number: 21STCV05568    Hearing Date: April 5, 2023    Dept: 27

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

I.            INTRODUCTION 

On February 17, 2023, Plaintiff Donald Myers’s counsel, Haleh Shekarchian of the Law Offices of Haleh Shekarchian (“Counsel”), filed this Motion to be Relieved as Counsel (“Motion”).  The Court notes that Counsel has filed Forms MC-051, MC-052, and MC-053 as well as a proposed order set forth on pleading paper. 

The motion is unopposed.

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

In the declaration, Counsel states in relevant part “[i]t is the desire of the Law Offices of Haleh Shekarchian to withdraw as counsel for this client on the ground that there is a conflict between the client and my office regarding the pursuit of this case and that this client has made it unreasonably difficult for our firm to carry out my employment in an effective manner.  I have tried reaching the client by calling him … and his daughter Classi Cox …, who has tried to get the client to cooperate and call me many times and I have left messages and sent mail and emails to the client’s above mail and email address.  However, he has not responded.”  (Shekarchian Decl., ¶¶ 5, 6.)  For this reason, Counsel seeks an order relieving Law Offices of Haleh Shekarchian as counsel to Plaintiff.

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.)¿¿¿ 

After review of the Motion, the Court finds that the Motion does not comply with California Rules of Court, Rule 3.1362.  The proof of service attached to Counsel’s Proposed Order indicates that only the proposed order was served on the parties in this matter.  There is no proof that the notice of motion, motion, or declaration was served on Defendant.  

IV.     CONCLUSION

Accordingly, the Motion is CONTINUED to April 24, 2023 at 1:30 p.m. in Department 27 of the Spring Street Courthouse to allow Counsel to file proof of service of the notice of motion, motion, and declaration. 

Moving party to give notice.

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.

                                                                 Dated this 5th day of April 2023