Judge Lee S. Arian, Case Number: 22STCV32259, Date: 2024-11-15 Tentative Ruling

Judge: Lee S. Arian, Case: 22STCV32259, Date: 2024-11-15 Tentative Ruling

Case Number: 22STCV32259 Hearing Date: November 15, 2024 Dept: 27

Hon. Lee S. Arian, Dept 27

MOTION TO BE RELIEVED AS COUNSEL

Hearing Date: 11/15/2024 at 1:30 p.m.

CASE NO./NAME: 22STCV32259 ANNETTE ARTEAGA vs AVEON JAMES et al.

Moving Party: Plaintiff’s Counsel Arin Khodaverdian

Responding Party: Unopposed

Notice: Sufficient

Ruling: THE COURT WILL HEAR FROM COUNSEL ON THE MOTION TO BE RELIEVED AS COUNSEL

Background

Attorney Arin Khodaverdian represents Plaintiff. Khodaverdian moves to be relieved as counsel, citing an irremediable breakdown in the attorney-client relationship. 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¿

Khodaverdian has filed Judicial Council Form MC-051 (Notice of Motion and Motion), MC-052 (Declaration), and MC-053 (Proposed Order). Khodaverdian 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).) It appears Khodaverdian deems his inability to reach his client as the basis for claiming that breakdown. The Court is unclear what efforts Khodaverdian has made to reach his client and will thus hear from Khodaverdian.