Judge Lee S. Arian, Case Number: 22STCV20467, Date: 2024-10-31 Tentative Ruling

Judge: Lee S. Arian, Case: 22STCV20467, Date: 2024-10-31 Tentative Ruling

Case Number: 22STCV20467 Hearing Date: October 31, 2024 Dept: 27

Hon. Lee S. Arian, Dept 27

MOTION TO BE RELIEVED AS COUNSEL

Hearing Date: 10/31/2024 at 1:30 p.m.

CASE NO./NAME: 22STCV20467 SALVADOR SERMENO BARRIENTEZ vs LOS ANGELES COUNTY METROPOLITAN TRANSPORTATION AUTHORITY et al.

Moving Party: Plaintiff’s Counsel Shawn Azizzadeh

Responding Party: Unopposed

Notice: Sufficient

Ruling: THE COURT WILL HEAR FROM THE PARTIES

Background

Attorney Shawn Azizzadeh represents Plaintiff. Shawn Azizzadeh moves to be relieved as counsel, citing an irremediable breakdown in the attorney-client relationship and communication. No opposition has been filed.

Legal Standard¿

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; People v. Prince (1968) 268 Cal.App.2d 398, 403-407.)

A motion to be relieved as counsel must be made on Judicial Council Form MC-051 (Notice of Motion and Motion), MC-052 (Declaration), and MC-053 (Proposed Order). (Cal. Rules of Court, rule 3.1362, subds. (a), (c), (e).) The requisite forms must be served “on the client and on all parties that have appeared in the case.” (Cal. Rules of Court, Rule 3.1362, subd. (d).)

Analysis and Conclusion¿

Azizzadeh has filed Judicial Council Form MC-051 (Notice of Motion and Motion), MC-052 (Declaration), and MC-053 (Proposed Order). Azizzadeh seeks to be relieved as counsel for Plaintiff on the grounds that there has been a breakdown in the attorney-client relationship. The Court finds this to be proper grounds for withdrawal. (See Estate of Falco (1987) 188 Cal.App.3d 1004, 1014 (a breakdown in the attorney-client relationship is grounds for allowing the attorney to withdraw).)

The Court notes that within the past 30 days, Plaintiff's address was confirmed as current by counsel through a phone call. The FSC is currently set for November 7, 2024, only seven days away, which provides insufficient time for Plaintiff to retain new counsel. Nonetheless, the Court will hear from the parties on how they wish to proceed.