Judge: Lee W. Tsao, Case: 22NWCV01596, Date: 2023-08-23 Tentative Ruling
Case Number: 22NWCV01596 Hearing Date: August 23, 2023 Dept: C
A.F. et al. v. Casarez et al.
CASE NO.: 22NWCV01596
HEARING: 8/23/23 @ 10:30 AM
#6
Plaintiffs’
Motion for an Order Substituting Abdalla Innabi for Sanford Jossen as counsel
for Plaintiffs A.F. and E.F. is GRANTED.
Moving Party to give NOTICE.
Plaintiffs A.F., a minor, E.F., a minor, and
Fransisco Miguel Esteban move for an order substituting attorneys pursuant to
CCP § 284.
This
is a child abuse case arising from physical and psychological injuries to
Plaintiffs A.F. and E.F., both minors, by their foster parents. Plaintiffs were
originally appointed counsel to represent their interests in this litigation. During
the pendency of this litigation, Plaintiffs were returned to the custody of
their biological parents, Plaintiffs Francisco Miguel Estaban and Maria
Francisco Tomas.
Legal
Standard
“The
attorney in an action or special proceeding may be changed at any time before
or after judgment or final determination, as follows: 1. Upon the consent of
both client and attorney, filed with the clerk, or entered upon the minutes; 2.
Upon the order of the court, upon the application of either client or attorney,
after notice from one to the other.” (CCP § 284.)
Discussion
Here, an order substituting Abdalla Innabi as
counsel for minors A.F. and E.F. is appropriate under CCP § 284(2) because counsel
of record for the minors, Sanford Jossen, was effectively relieved by the
Dependency Court on December 22, 2022.
On that date, the Dependency Court entered an order relieving all court
appointed counsel. (Innabi Decl., ¶4, Exhibit 4.) Sanford Jossen was appointed as counsel for
A.F. on December 22, 2021 and E.F. on December 14, 2022. (Jossen Decl., ¶¶ 6
and 7.)
Jossen argues
that it is in the best interest of the minors that he remain on the case, given
his expertise and the time he has already invested in it. However, he provides no authority in support
of his position that a court may deny a request for substitution of attorney
under CCP § 284 based upon a determination of what is in the best interest of a
minor.
Accordingly,
Plaintiffs’ Motion for an Order Substituting Abdalla Innabi for Sanford Jossen
as counsel for Plaintiffs A.F. and E.F. is GRANTED.