Judge: Lee S. Arian, Case: 21STCV38617, Date: 2023-11-29 Tentative Ruling

Case Number: 21STCV38617    Hearing Date: November 29, 2023    Dept: 27

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

Payam Tishbi, attorney of record for Plaintiff Maria Payan, seeks to be relieved on grounds that there has been a breakdown in the attorney-client relationship due to counsel’s inability to communicate with the Plaintiff. After the Court’s September 28, 2023, Order, Attorney Payam Tishbi called the Plaintiff a total of eighteen times to discuss her deposition and trial but received no response (Exhibit 1.) Further, Attorney Tishbi sent nine text messages to Payan, which also elicited no response (Exhibit 2). On October 25, 2023, Attorney Tishbi’s office was able to reach Plaintiff, and informed Plaintiff that she needed to provide Tishbi’s office with three deposition dates, but Plaintiff hung up and did not send the proposed deposition dates. Clearly, as counsel contends, there has been a breakdown of the attorney-client relationship.

Absent a showing of resulting undue 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 January 11, 2024, with a Final Status Conference scheduled on December 28, 2023. While these dates are relatively soon, Plaintiff still has an opportunity to seek to move them if necessary or prepare for trial without counsel.  The Court thus finds that no undue prejudice will result to Plaintiff in granting the Motion. 

The Court GRANTS Counsel’s Motion to Be Relieved as Counsel, effective upon Counsel filing a Proof of Service of Notice of this Ruling.  Service is ordered to be made by December 1, 2023.

Attorney Tishbi is ordered to give notice of this ruling.

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: November 29, 2023