Judge: Lee S. Arian, Case: 22STCV20709, Date: 2023-11-02 Tentative Ruling

Case Number: 22STCV20709    Hearing Date: November 2, 2023    Dept: 27

Tentative Ruling

Judge Lee S. Arian, Department 27

HEARING DATE:      November 2, 2023                                       TRIAL DATE:  June 24, 2024

CASE:                                Arturo Leal v. Total Terminals International, LLC, et al.

CASE NO.:                 22STCV20709

MOTION TO BE RELIEVED AS COUNSEL

MOVING PARTY:               Adam Mirza, BD&J, P.C.

RESPONDING PARTY:     No opposition

I.          INTRODUCTION

On August 10, 2023, Adam Mirza, counsel for Plaintiff, Arturo Leal, filed this Motion to be Relieved as Counsel.  

            The Motion was heard on October 2, 2023.  The Court could not grant the Motion because the Motion identified the wrong address and courthouse for the hearing of this Motion.

            On October 12, 2023, Counsel filed an amended Motion with proof of service.

            The amended Motion is unopposed.

II.        LEGAL STANDARDS 

California Rule of Court rule 3.1362 (Motion to Be Relieved as Counsel) requires (1) notice of motion and motion to be directed to the client (made on the Notice of Motion and Motion to be Relieved as Counsel—Civil form (MC-051)); (2) 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) 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 (prepared on the Order Granting Attorney's Motion to Be Relieved as Counsel—Civil form (MC-053)). 

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.)  

III.       DISCUSSION 

Adam Mirza seeks to be relieved as counsel of record for Plaintiff for the following reason: “There has been a significant breakdown in the attorney-client relationship, which has significantly impeded counsel's ability to effectively prosecute this case and represent Plaintiff's interest.  A voluntary substitution of attorney form could not be obtained from Plaintiff. Plaintiff's counsel is unaware of any new counsel.  Defense counsel has recently been appointed and filed a responsive pleading on July 13, 2023.  As such, Plaintiff will not be prejudiced if the Motion to be Relieved is granted.”  (MC-052.)   

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.).  

Counsel has cured the defect noted in the Court’s previous order.  The Motion now complies with California Rules of Court, rule 3.1362. 

IV.       CONCLUSION        

            The unopposed Motion is granted and effective upon the filing of the proof of service of this signed order on Plaintiff.

Counsel to give notice. 

Dated:   November 2, 2023                                      ___________________________________

                                                                                    Lee S. Arian

                                                                                    Judge of the Superior Court

            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.