Judge: Lisa R. Jaskol, Case: 21STCV19946, Date: 2023-07-10 Tentative Ruling
Case Number: 21STCV19946 Hearing Date: July 10, 2023 Dept: 28
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Having considered the moving papers, the Court rules as follows. BACKGROUND On May 26, 2021, Plaintiff Lenard Keaton (“Plaintiff”) filed a complaint against Defendant Food 4 Less GM, Inc. (“Defendant”). Plaintiff alleged negligence based on a slip and fall accident that occurred on Defendant’s premises on May 27, 2019. On December 12, 2022, Defendant filed an answer. On June 2, 2023, Plaintiff’s counsel, Hesam Yazdanpanah and Law Offices of D. Hess Panah & Associates, filed a Motion to be Relieved as Counsel to be heard on July 10, 2023. Trial is currently scheduled for January 17, 2024. COUNSEL’S REQUEST Plaintiff’s counsel, Hesam Yazdanpanah and Law Offices of D. Hess Panah & Associates, ask to be relieved as counsel for Plaintiff. California Rules of Court, rule 3.1362 (Motion to Be Relieved as Counsel) requires (1) notice of motion and motion to be directed to the client (made on the Notice of Motion and Motion to be Relieved as Counsel—Civil 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(2) is brought instead of filing a consent under Code of Civil Procedure section 284(1) (made on the Declaration in Support of Attorney's Motion to Be Relieved as Counsel—Civil form (MC-052)); (3) service of the notice of motion and motion, declaration, and proposed order on the client and all other parties who have appeared in the case; and (4) the proposed order relieving counsel (prepared on the Order Granting Attorney’s Motion to Be Relieved as Counsel—Civil form (MC-053)). The court has discretion to allow an attorney to withdraw. The motion should be granted if there is no prejudice to the client and it does not disrupt the orderly process of justice. (Ramirez v. Sturdevant (1994) 21 Cal.App.4th 904, 915.) DISCUSSION |
Plaintiff’s counsel has submitted completed MC-051, MC-052 and MC-053 forms. Counsel has provided a declaration stating: “There has been no communication with the client. He has failed to respond to our phone calls and communications. We have been unable to make any contact with him.” Counsel filed proofs of service stating counsel’s office served Plaintiff at his last known address using the mail. Counsel could not confirm the address but made efforts by requesting return receipt, calling Plaintiff’s last known number, contacting Plaintiff’s mother and conducting a skip trace. Counsel submitted proof of service on all parties.
Counsel has complied with the requirements for a motion to be relieved as counsel. The Court grants the motion.
CONCLUSION
The motion to be relieved as counsel filed by Plaintiff’s counsel is GRANTED. Plaintiff’s counsel will be relieved upon filing proof of service on the client of the Order Granting Attorney’s Motion to Be Relieved as Counsel--Civil (Judicial Council form MC-053).
Plaintiff’s
counsel is ordered to give notice of this ruling.
Plaintiff’s
counsel is ordered to file the proof of service of this ruling with the Court
within five days.