Judge: Kerry Bensinger, Case: 22STCV32109, Date: 2023-05-01 Tentative Ruling

Case Number: 22STCV32109    Hearing Date: May 1, 2023    Dept: 27

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

I.       INTRODUCTION

          On October 1, 2021, plaintiffs Hector Rodriguez and Alisa Elaine Cota (collectively, “Plaintiffs”) filed this action against Defendant Henry James Adkins, Jr. for injuries arising from a May 9, 2020 motor vehicle accident.  Defendant has not appeared in this action.

On March 1, 2023, Plaintiffs’ counsel, Sasha Farahi, BD&J, PC, filed these Motions to be Relieved as Counsel (“Motions”).

The Motions are 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

Sasha Farahi seeks to be relieved as counsel of record for Plaintiffs Hector Rodriguez and Alisa Elaine Cota on the following grounds: “There has been a significant breakdown in the attorney-client relationship, which has significantly impeded counsel’s ability to effectively prosecute this case and represent Plaintiff’s interests.  A voluntary substitution of attorney form could not be obtained from Plaintiff, who no longer responds to phone calls or mailings.  To date, Plaintiff’s counsel is unaware of any new counsel.  Trial for this matter has not been set.  As such, Plaintiff will not be prejudiced if the Motion to Be Relieved is granted.”  (Forms 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.)

Counsel’s Motions do not comply with California Rules of Court, Rule 3.1362.  Specifically, Item 2 of each Motion incorrectly indicate that the hearing will be held in Dept. 27 of the Stanley Mosk Courthouse.  The supporting declarations (Forms MC-052) also incorrectly indicate that trial has not been set in this matter.

IV.     CONCLUSION

Accordingly, the Hearings on Motion to be Relieved as Counsel scheduled for 05/01/2023 are continued to 05/22/2023 at 01:30 PM in Department 27 at Spring Street Courthouse to allow Counsel to serve amended moving papers upon all parties who have appeared.  The amended moving papers should reflect the correct courthouse and address for the hearings on these Motions.

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 1st day of May 2023