Judge: Latrice A. G. Byrdsong, Case: 23STLC02139, Date: 2024-05-20 Tentative Ruling

Case Number: 23STLC02139    Hearing Date: May 20, 2024    Dept: 25

Hearing Date:                         Monday, May 20, 2024

Case Name:                             DIAZ v. AMERICAN COMMERCIAL EQUITIES THREE, LLC, et al.

Case No.:                                23STLC02139

Motion:                                   Motions to be Relieved as Counsel

Moving Party:                         Attorneys Arash Sadat and Camron Dowlatshahi

Responding Party:                   None

Notice:                                    OK

Recommended Ruling:           Attorneys Arash Sadat’s and Camron Dowlatshahi’s Motions to be Relieved as Counsel are DENIED without prejudice.

BACKGROUND

On April 4, 2023, Plaintiff Alejandro Diaz (“Plaintiff”), filed a Complaint for Damages against Defendants American Commercial Equities Three, LLC; Kreation Weho, LLC; Kreation Juicery, Inc.; Marjan Sarshar (“Defendants”); and DOES 1-10, for a sole cause of action for Violation of the Unruh Civil Rights Act – Civil Code section 51.

On April 4, 2024, counsels of record, Arash Sadat and Camron Dowlatshahi (“Defense Counsel”), for Defendants Kreation Juicery, Inc. and Marjan Sarshar’s filed the instant Motions to be Relieved as Counsel.

ANALYSIS

I. Motion to be Relieved as Counsel

A.    Legal Standard

The court may order that an attorney be changed or substituted at any time before or after judgment or final determination upon request by either client or attorney and after notice from one to the other. (Code Civ. Proc., § 284(2).) “The determination whether to grant or deny a motion to withdraw as counsel lies within the sound discretion of the trial court.” (Manfredi & Levine v. Superior Court (1998) 66 Cal.App.4th 1128, 1133.)  

An application to be relieved as counsel must be made on Judicial Counsel Form MC-051 (Notice of Motion and Motion) (Cal. Rules of Court, Rule 3.1362(a)), MC-052 (Declaration) (Cal. Rules of Court, Rule 3.1362(c)), and MC-053 (Proposed Order) (Cal. Rules of Court, Rule 3.1362(e)). The proposed order must specify all hearing dates scheduled in the action or proceeding, including the date of trial, if known. (Cal. Rules of Court, Rule 3.1362(e).)  

Further, the requisite forms must be served on the client and all other parties who have appeared in the case. (Cal. Rules of Court, Rule 3.1362(d).) The court may delay the effective date of the order relieving counsel until proof of service of a copy of the signed order on the client has been filed with the court. (Cal. Rules of Court, Rule 3.1362(e).) A motion to withdraw will not be granted where withdrawal would prejudice the client. (Ramirez v. Sturdevant (1994) 21 Cal.App.4th 904, 915.)

B.  Discussion

Defense Counsel filed the MC-051, MC-052, and MC-053 forms pursuant to California Rules of Court, Rule 3.1362.

Here, Defense Counsel served Defendants Kreation Juicery, Inc. and Marjan Sarshar by mail at their last known address, which Defense Counsel confirmed within the past 30 days as current by telephone call. Furthermore, the proposed order on form MC-053 includes all the hearings scheduled in this matter as follows: (1) April 7, 2024 – Order to Show Cause Re: Failure to File Proof of Service and (2) July 1, 2024 – Non-Jury Trial. However, Defense Counsel merely declares that the instant  motion is being brought because Kreation Juicery, Inc. is a business entity and Marjan Sarshar is an individual, instead of indicating whether there has been a breakdown in the attorney-client relationship that renders representation impossible or whether Defendants Kreation Juicery, Inc. and Marjan Sarshar have stopped communicating with them. Similarly, Defense Counsel filed proof of service indicating that the requisite forms were served on Defendants Kreation Juicery, Inc., Marjan Sarshar, and Plaintiff but not served on Defendants American Commercial Equities Three, LLC and Kreation Weho, LLC.

Therefore, the Court finds that the motions to be relieved as counsel are deficient at this time.

II.        Conclusion

            Accordingly, Counsel Arash Sadat’s and Camron Dowlatshahi’s Motions to be Relieved as Counsel are DENIED without prejudice.

Moving Party is ordered to give notice.