Judge Lee S. Arian, Case Number: 23STCV27951, Date: 2024-12-10 Tentative Ruling

Judge: Lee S. Arian, Case: 23STCV27951, Date: 2024-12-10 Tentative Ruling

Case Number: 23STCV27951 Hearing Date: December 10, 2024 Dept: 27

Hon. Lee S. Arian

Department 27

Tentative Ruling

Hearing Date: 12/10/2024 at 1:30 p.m.

Case No./Name.: 23STCV27951 DAIMON TERRELL CARTER vs ICO DEVELOPMENT GROUP LLC, et al.

Motion: MOTION TO BE RELIEVED AS COUNSEL

Moving Party: Plaintiff Daimon Terrell Carter’s Counsel

Responding Party: Unopposed

Notice: Insufficient

Ruling: MOTION TO BE RELIEVED IS DENIED.

Background

Plaintiff Daimon Terrell Carter’s (Plaintiff) counsel of record, Jospeh Nazarian/Joe Naz Accident Lawyers (Counsel), move to be relieved as counsel for Plaintiff. Counsel contends relief is necessary because there has been a breakdown in the working relationship with the Plaintiff. 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

Counsel has filed Judicial Council Form MC-051 (Notice of Motion and Motion), MC-052 (Declaration), and MC-053 (Proposed Order). Counsel seeks to be relieved as counsel on the grounds that there has been a breakdown in the working relationship with Plaintiff.

However, notice of this motion is defective because Counsel has failed to write the correct courthouse address, and did not provide notice by mail to Plaintiff. (See Cal. Rules of Court, rule 3.1362(d) [there must be proof of service of the moving papers on all parties who have appeared, and Plaintiff].) Counsel must also include the dates, times, locations, and subject matter of all future proceedings in this case, and make sure the department number is correct.

Thus, the present motion is DENIED.

¿¿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.