Judge: Kerry Bensinger, Case: 22STCV14065, Date: 2023-01-24 Tentative Ruling

Case Number: 22STCV14065    Hearing Date: January 24, 2023    Dept: 27

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

I.            INTRODUCTION

          On April 28, 2022, Plaintiff James Bowers (“Plaintiff”) filed a complaint against Defendants Arman Tarverdyan, Marina Zakarian-F Tarverdyan, and ITT marketing, Inc. (collectively “Defendants”) for the causes of action of motor vehicle and intentional tort.

          On October 26, 2022, Plaintiff’s Counsel, Mathew D. Wabby, filed a motion to be relieved as counsel under Code of Civil Procedure section 284(2) on grounds that there are irreconcilable differences in opinions as to the direction of the case.

          Trial is set for October 26, 2023. 

II.          LEGAL STANDARD

          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.)  The following must be submitted in support of an attorney’s motion to be relieved as counsel under Code of Civil Procedure section 284(2):

(1)  A notice of motion and motion directed to the client (made on Notice of Motion and Motion to Be Relieved as Counsel—Civil (Judicial Council 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, subdivision (2) is brought instead of filing a consent under Code of Civil Procedure section 284, subdivision (1) (made on Declaration in Support of Attorney’s Motion to Be Relieved as Counsel—Civil (Judicial Council Form, MC-052));

(3)  Proof of service evidencing service of the notice of motion and motion, declaration, and proposed order on the client and on all other parties who have appeared in the case; and

(4)  A proposed order relieving counsel (prepared on Order Granting Attorney’s Motion to Be Relieved as Counsel—Civil (Judicial Council Form, MC-053)). 

(Cal. Rules of Court, rule 3.1362, subd. (a), (c), (d), (e).)

III.        DISCUSSION

            On October 26, 2022, Plaintiff’s Counsel filed a motion to be relieved as counsel under Code of Civil Procedure section 284(2) on grounds that there are irreconcilable differences in opinions as to the direction of the case.

          According to the Minute Order of December 6, 2022, “Counsel’s Motion complies with California Rules of Court, Rule 3.1362.  The Court notes that trial in this matter is currently set for October 26, 2023 and no prejudice will result from granting this motion.  However, the proposed order fails to include the OSC re: Dismissal scheduled for April 24, 2025 as a future hearing in Item 8 and Plaintiff’s address appears to have been misspelled in Item 6. Accordingly, the hearing is CONTINUED to January 24, 2023 at 1:30 p.m. in Department 27 so that counsel may submit a revised proposed order.  The revised proposed order should be submitted no later than January 17, 2023.”

           On December 7, 2022, Plaintiff’s Counsel filed a revised proposed order addressing the deficiencies described in the Minute Order of December 6, 2022.

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

IV.         CONCLUSION

          Counsel’s Motion to be Relieved as Counsel for Plaintiff is GRANTED.

          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 24th day of January 2023