Judge: Kerry Bensinger, Case: 23STCV03592, Date: 2023-05-08 Tentative Ruling

Case Number: 23STCV03592    Hearing Date: May 8, 2023    Dept: 27

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

I.         BACKGROUND

On February 21, 2023, plaintiff Luis Barreda (“Plaintiff”) filed this action against defendants County of Los Angeles, City of Los Angeles, State of California, RLK Properties, LLC, and Does 1 through 100, inclusive (collectively, “Defendants”), asserting four causes of action for (1) liability for dangerous condition of public property, (2) vicarious liability for the wrongful acts or omissions by public entity employees and/or retention of unfit employee, (3) premises liability, and (4) negligence.

The Complaint alleges the following. On or about November 12, 2022, Defendants allowed a dangerous condition to exist on a sidewalk at or near 554-555 N. Hoover Ave., Los Angeles, CA 90004, causing Plaintiff to trip (while skateboarding), fall, and sustain injuries. (Comp., ¶ 9.)

On March 14, 2023, Plaintiff’s counsel, Raymond Ghermezian, filed the instant motion to be relieved as counsel.

As of May 2, 2023, no opposition to the motion has been filed.

II.        LEGAL STANDARD

“The attorney in an action or special proceeding may be changed at any time before or after judgment or final determination, as follows: ¶ 1.  Upon the consent of both client and attorney, filed with the clerk, or entered upon the minutes; ¶ 2.  Upon the order of the court, upon the application of either client or attorney, after notice from one to the other.”  (Code Civ. Proc., § 284.)

Under California Rules of Court, rule 3.1362, an attorney moving to be relieved as counsel must do the following:

(1)  File a notice of motion and motion directed to the client (made on the Notice of Motion and Motion to be Relieved as Counsel -- Civil form (MC-051));

(2)  Submit 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)  Serve 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)  Lodge a proposed order relieving counsel (prepared on the Order Granting Attorney’s Motion to be Relieved as Counsel -- Civil form (MC-053)).

“The question of granting or denying an application of an attorney to withdraw as counsel (Code Civ. Proc., § 284, subd. (2)) is one which lies within the sound discretion of the trial court ‘having in mind whether such withdrawal might work an injustice in the handling of the case.’”  (People v. Prince (1968) 268 Cal.App.2d 398, 406 [internal quotations omitted].)  The court should also consider whether the attorney’s “withdrawal can be accomplished without undue prejudice to the client’s interests.”  (Ramirez v. Sturdevant (1994) 21 Cal.App.4th 904, 915.)    

III.      DISCUSSION

Attorney Raymond Ghermezian states that there has been a complete breakdown of the attorney-client relationship between him and Plaintiff, with regards to issues that are fundamental and crucial to the outcome of the case. (Declaration in Support of Attorney’s Motion to Be Relieved as Counsel, Item 2.)

The Court finds that a valid reason for withdrawal. (Rules Prof. Conduct, rule 1.16(b)(4).)  The Court also finds that counsel has complied with California Rules of Court, rule 3.1362.

Accordingly, the motion is granted.

IV.      CONCLUSION

          The Motion to be Relieved as Counsel is GRANTED.

Attorney Raymond Ghermezian will be relieved as counsel of record for Plaintiff Luis Barreda upon counsel’s filing of Proof of Service of the signed “Order Granting Attorney’s Motion to be Relieved as Counsel – Civil.”

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’s 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 8th day of May 2023