Judge: Lee W. Tsao, Case: 22NWCV01581, Date: 2023-05-24 Tentative Ruling

Case Number: 22NWCV01581    Hearing Date: May 24, 2023    Dept: C

Julio Zayas v. City of Los Angeles

CASE NO.:  22NWCV01581

HEARING:  5/24/23 @ 1:30 PM

#9

TENTATIVE RULING

Ryan J. Daneshrad and LA Century Law’s motion to withdraw as counsel of record for Plaintiff Julio Zayas is DENIED without prejudice.

Moving Party to give NOTICE.

“A notice of motion and motion to be relieved as counsel under Code of Civil Procedure section 284(2) must be directed to the client and must be made on the Notice of Motion and Motion to Be Relieved as Counsel—Civil (form MC-051).” (CRC Rule 3.1362(a).) “The motion to be relieved as counsel must be accompanied by a declaration on the Declaration in Support of Attorney’s Motion to Be Relieved as Counsel—Civil (form MC-052).” (CRC Rule 3.1362(c).) “The proposed order relieving counsel must be prepared on the Order Granting Attorney’s Motion to Be Relieved as Counsel—Civil (form MC-053) and must be lodged with the court with the moving papers.” (CRC Rule 3.1362(e).) The provisions of CRC Rule 3.1362 are mandatory.

Counsel has not met the procedural requirements necessary to be relieved as counsel because he has not filed/lodged Form MC-053 with the proposed order granting the motion with the Court. Counsel must file all three forms to meet the procedural requirements of CRC Rule 3.1362 and not just forms MC-051 and MC-052.

Accordingly, Ryan J. Daneshrad and LA Century Law’s motion to withdraw as counsel of record for Plaintiff Julio Zayas is DENIED without prejudice.