Judge: Lee W. Tsao, Case: 23NWCV02145, Date: 2023-12-12 Tentative Ruling

Case Number: 23NWCV02145    Hearing Date: December 12, 2023    Dept: C

Sohail Abed Ahmady v. Lindsey Robyn Taylor, et al.

Case No: 23NWCV02145

Hearing Date: 12/12/23 @ 9:30 a.m.

#5

Tentative Ruling

Attorney Sam Ryan Heidari’s Motion to be Relieved as Counsel for Plaintiff Sohail Abed Ahmady is GRANTED. 

Moving party to give notice.

Background

This is a negligence action arises from a motor vehicle accident occurring on July 24, 2021.

Plaintiff filed his complaint on July 11, 2023.

This motion is unopposed as of December 8, 2023. 

Legal Standard

“The question of granting or denying an application of an attorney to withdraw as counsel (Code Civ. Proc., § 284, subd. (2)) is one which lies within the sound discretion of the trial court ‘having in mind whether such withdrawal might work an injustice in the handling of the case.’  [Citation.]”  (People v. Prince (1968) 268 Cal.App.2d 398, 406 [internal quotations omitted].)  The court should also consider whether the attorney’s “withdrawal can be accomplished without undue prejudice to the client’s interests.”  (Ramirez v. Sturdivant (1994) 21 Cal.App.4th 904, 915.) 

California Rules of Court, rule 3.1362 requires that the following be submitted in support of an attorney’s Motion to Be Relieved as Counsel pursuant Code of Civil Procedure section 284, subdivision (2): (1) a notice of motion and motion directed to the client (made on Notice of Motion and Motion to Be Relieved as Counsel—Civil (Judicial Council Form, MC-051)); (2) a declaration stating in general terms and without compromising the confidentiality of the attorney-client relationship why a motion under Code of Civil Procedure section 284, subdivision (2) is brought instead of filing a consent under Code of Civil Procedure section 284, subdivision (1) (made on Declaration in Support of Attorney’s Motion to Be Relieved as Counsel—Civil (Judicial Council Form, MC-052)); (3) a proof of service evidencing service of the notice of motion and motion, declaration, and proposed order on the client and on all other parties who have appeared in the case; and (4) a proposed order relieving counsel (prepared on Order Granting Attorney’s Motion to Be Relieved as Counsel—Civil (Judicial Council Form, MC-053)).  (Cal. Rules of Court, rule 3.1362, subd. (a), (c), (d), (e).) 

Discussion

Counsel, Sam Ryan Heidari, seeks to be relieved as counsel for Plaintiff Sohail Abed Ahmady.

Counsel filed a Notice of Motion and Motion to Be Relieved as Counsel (MC-051), an Order Granting Attorney’s Motion to Be Relieved as Counsel (MC-053), and a Declaration in Support of Attorney’s Motion to Be Relieved as Counsel (MC-052) on the appropriate forms, as outlined within California Rules of Court, rule 3.1362, subdivisions (a), (c), and (e). (Cal. Rules of Court, rule 3.1362, subd. (a), (c), (e).) 

Counsel declares that he served Plaintiff by mail at his last known address and confirmed that address telephonically. (Heidari Decl., ¶ 2 and 3(b)(1)(b).) Counsel cites a significant breakdown in the attorney-client relationship which has significantly impeded counsel's ability to effectively prosecute this case and represent Plaintiff's interest. (Heidari Decl., ¶ 2.)

Plaintiff will not be prejudiced if Counsel’s motion is granted. The next hearing in this matter is a case management conference set for February 08, 2023. Trial is not currently set. Thus, there is sufficient time for Plaintiff to engage new counsel.

Accordingly, Attorney Sam Ryan Heidari’s Motion to be Relieved as Counsel for Plaintiff Sohail Abed Ahmady is GRANTED.