Judge: Kerry Bensinger, Case: 22STCV15365, Date: 2023-08-23 Tentative Ruling

Case Number: 22STCV15365    Hearing Date: September 5, 2023    Dept: 27

Tentative Ruling

Judge Kerry Bensinger, Department 27

HEARING DATE:     September 5, 2023                             TRIAL DATE:  December 2, 2024

CASE:                                Karin Andreasian v. City of San Fernando

CASE NO.:                 22STCV15365

MOTION TO BE RELIEVED AS COUNSEL

MOVING PARTY:               Michael D. Kolodzi, Law Offices of Michael D. Kolodzi

RESPONDING PARTY:     No opposition

I.          INTRODUCTION

On August 1, 2023, Michael D. Kolodzi, counsel for Plaintiff Karin Andreasian, filed this Motion to be Relieved as Counsel.

The unopposed motion was heard on August 23, 2023.  The Court could not grant the motion because Counsel did submit a completed proposed order (MC-053). 

On August 23, 2023, Counsel filed an amended proposed order.

II.        LEGAL STANDARD

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

            Michael D. Kolodzio seeks to be relieved as counsel of record for Plaintiff for the following reason:

“1.  Since the inception of this action, Plaintiff KARIN ANDREASIAN, a 68 y/o woman, has primarily communicated to undersigned counsel via her adult son LEVAN ANDREASIAN (“LEVAN”) (collectively, “Plaintiff”).

2. Recently, Plaintiff and undersigned counsel reached a material and confidential dispute in the prosecution of this action.

3. On June 8, 2023, as a result of the aforementioned dispute, undersigned counsel tendered, via email, a Substitution of Attorney, to LEVAN, for Plaintiff to execute. See, Exhibit A to the Declaration of Michael D. Kolodzi in Support of Motion to be Relieved as Counsel.

4. On July 11, 2023, LEVAN, via text message, stated Plaintiff will not execute the previously tendered Substitution of Attorney, thereby necessitating the instant motion. Id.”  (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 now complies with the requirements of California Rules of Court, rule 3.1362.  Counsel has submitted a completed proposed order (MC-053).  At the hearing, the Court will inquire whether counsel has spoken to his client, Karin Andreasian, about the substitution.  The Court will also inquire whether the conflict has resulted in an irreconcilable conflict. 

IV.       CONCLUSION¿         

            The Court will hear from the parties.

Moving party to give notice. 

Dated:   September 5, 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.