Judge: Lee S. Arian, Case: 21STCV11800, Date: 2023-11-17 Tentative Ruling

Case Number: 21STCV11800    Hearing Date: December 7, 2023    Dept: 27

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

Defendant Tehmine Mailyan and Defendant Mike Yura Hovannisyan’s attorney of record, Stephen C. Pasarow, seeks to be relieved because Defendants have failed to cooperate with defense counsel and failed to consent to sign a substitution of attorney.  Counsel has filed two motions, one to be relieved as to each Defendant.

Defendants’ insurer State Farm Mutual Automobile Insurance Company ("State Farm”) initially provided their defense. However, on August 24, 2023, the Court issued an order finding there is no coverage under State Farm's policy no. 648-9109-F13- 75 "because Defendant Tehmine Mailyan and Defendant Mike Hovhannisyan materially failed to cooperate with the claim investigation regarding the February 18, 2020, accident described in the Complaint." The Court further found that no defendant is entitled to coverage under the policy. Therefore, State Farm will no longer provide a defense for Defendants.

For a Motion to Withdraw, California Rule of Court 3.1362 requires (1) a notice of motion and motion to be directed to the client; (2) a declaration stating in general terms the basis for the withdrawal, without compromising the confidentiality of the attorney-client relationship; (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. Counsel’s Motions comply with California Rules of Court, Rule 3.1362. 

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.)  Here, trial is currently set for April 8, 2024, with a final status conference on March 25, 2024.

Each Defendant has not filed an opposition to Counsel’s motion.

Defendants have time before trial to obtain counsel or to prepare to represent themselves.  Further, Defendants were aware of Counsel's intention to be relieved as counsel of record prior to the motion.  And, in any event, the dates for trial and final status conference can be changed if necessary to ensure Defendants are not prejudiced by counsel’s withdrawal.

Thus, the Court GRANTS Counsel’s Motions to Be Relieved as Counsel for Defendants upon the filing proofs of service by Counsel demonstrating that each Defendant was given notice of this ruling. Such proofs of service and filing of them must be completed within 7 calendar days of this ruling.

Dated: December 7, 2023