Judge: Lee S. Arian, Case: 22STCV27762, Date: 2024-04-08 Tentative Ruling

Case Number: 22STCV27762    Hearing Date: April 8, 2024    Dept: 27

Hon. Lee S. Arian

Department 27

Tentative Ruling

Hearing Date:           4/8/2024 at 1:30 p.m.

Case No./Name:       22STCV27762 VINCE LATKINS, et al. vs SANDRA SANTOYO

Motion:                    MOTION TO BE RELIEVED AS COUNSEL   

Moving Counsel:      Hesam Yazdanpanah

Responding Party:    Unopposed

Notice:                     Sufficient

Ruling:                     MOTION TO BE RELIEVED AS COUNSEL IS GRANTED

Background

Plaintiffs Vince Latkins and Bethtenia Latkins are currently represented by Counsel Hesam Yazdanpanah. Plaintiffs’ counsel (“Counsel”) moves to be relieved as counsel, citing an irremediable breakdown in the attorney-client 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

Judicial Council Form MC-051 (Notice of Motion and Motion), MC-052 (Declaration), and MC-053 (Proposed Order) have all been filed and properly served. Counsel seeks to be relieved as counsel on the grounds that there has been a breakdown in the attorney-client communication. The Court finds this to be proper grounds for withdrawal. A breakdown in the attorney-client relationship or communication is grounds for allowing the attorney to withdraw. (Estate of Falco (1987) 188 Cal.App.3d 1004, 1014.) The Court notes that the next hearing is an FSC set for 8/22/24, which should be sufficient time for Plaintiffs to retain new counsel. Alternatively, if Plaintiffs or new counsel needs additional time to prepare for trial, sufficient time exists for Plaintiffs to take action to seek a continuance of the trial. Thus, the present motion to be relieved as counsel is GRANTED, as of the date Counsel gives Notice of this ruling to Plaintiffs.

¿PLEASE TAKE NOTICE:

If a party intends to submit on this tentative ruling,¿the party must send an email to the court at¿sscdept27@lacourt.org¿with the Subject line “SUBMIT” followed by the case number.¿ The body of the email must include the hearing date and time, counsel’s contact information, and the identity of the party submitting.

Unless¿all¿parties submit by email to this tentative ruling, the parties should arrange to appear remotely (encouraged) or in person for oral argument.¿ You should assume that others may appear at the hearing to argue.

If the parties neither submit nor appear at hearing, the Court may take the motion off calendar or adopt the tentative ruling as the order of the Court.¿ After the Court has issued a tentative ruling, the Court may prohibit the withdrawal of the subject motion without leave.