Judge: Lisa R. Jaskol, Case: 21STCV27381, Date: 2025-01-28 Tentative Ruling
All parties are urged to meet and confer with all parties concerning this tentative ruling to see if they can reach an agreed-upon resolution of their matter. If you are able to reach an agreement, please notify the courtroom staff in advance of the hearing if you wish to submit on the tentative ruling rather than argue the motion by notifying the court by e-mailing the court at: SSCDEPT28@lacourt.org. Include the word "SUBMITS" in all caps and the Case Number in the Subject line. In the body of the email, please provide the date and time of the hearing, your name, your contact information, the party you represent, and whether that party is a plaintiff, defendant, cross-complainant, cross-defendant, claimant, intervenor, or non-party, etc.
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Case Number: 21STCV27381 Hearing Date: January 28, 2025 Dept: 28
Having considered the moving and opposition papers, the Court rules as follows.
BACKGROUND
On July 27, 2021, Plaintiff John Elias (“Plaintiff”) filed this action against Defendants American Multi-Cinema, Inc., Brian Johnson, and Does 1-25 for general negligence and premises liability.
On October 14, 2021, Defendants American Multi-Cinema, Inc. and Brian Johnson (“Defendants”) filed an answer.
On October 15, 2021, Defendants removed the case to federal court. On December 6, 2021, the U.S. District Court for the Central District of California remanded the case to the Los Angeles Superior Court based on the parties’ stipulation.
On March 6, 2024, Plaintiff filed a notice of settlement.
On April 26, 2024, the Court dismissed the case without prejudice. On October 17, 2024, the Court granted Plaintiff’s motion to vacate the dismissal.
On November 18, 2024, Plaintiff’s counsel informed the Court that there was no settlement and counsel would be filing a motion to withdraw.
On December 10, 2024, Plaintiff’s counsel filed a motion to be relieved as counsel. The motion was set for hearing on January 28, 2025. On January 6, 2025, Plaintiff filed an opposition.
No trial date is currently scheduled.
COUNSEL’S REQUEST
Plaintiff’s counsel Boris Briskin of Ellis Law Corporation asks to be relieved as counsel.
LEGAL STANDARD
Code of Civil Procedure section 284 provides:
“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.”
(Code Civ. Proc., § 284.)
California Rules of Court, rule 3.1362, provides:
“(a) 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).
“(b) Memorandum
“Notwithstanding any other rule of court, no memorandum is required to be filed or served with a motion to be relieved as counsel.
“(c) Declaration
“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). The declaration must state 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).
“(d) Service
“The notice of motion and motion, the declaration, and the proposed order must be served on the client and on all other parties who have appeared in the case. The notice may be by personal service, electronic service, or mail.
“(1) If the notice is served on the client by mail under Code of Civil Procedure section 1013, it must be accompanied by a declaration stating facts showing that either:
“(A) The service address is the current residence or business address of the client; or
“(B) The service address is the last known residence or business address of the client and the attorney has been unable to locate a more current address after making reasonable efforts to do so within 30 days before the filing of the motion to be relieved.
“(2) If the notice is served on the client by electronic service under Code of Civil Procedure section 1010.6 and rule 2.251, it must be accompanied by a declaration stating that the electronic service address is the client's current electronic service address.
“As used in this rule, ‘current’ means that the address was confirmed within 30 days before the filing of the motion to be relieved. Merely demonstrating that the notice was sent to the client's last known address and was not returned or no electronic delivery failure message was received is not, by itself, sufficient to demonstrate that the address is current. If the service is by mail, Code of Civil Procedure section 1011(b) applies.
“(e) Order
“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. The order must specify all hearing dates scheduled in the action or proceeding, including the date of trial, if known. If no hearing date is presently scheduled, the court may set one and specify the date in the order. After the order is signed, a copy of the signed order must be served on the client and on all parties that have appeared in the case. The court may delay the effective date of the order relieving counsel until proof of service of a copy of the signed order on the client has been filed with the court.”
(Cal. Rules of Court, rule 3.1362.)
DISCUSSION
The Court has reviewed Plaintiff's counsel’s moving papers and Plaintiff’s opposition. In addition, the Court has spoken with Plaintiff's counsel and Plaintiff in chambers. The Court finds that Plaintiff's counsel has shown good cause to withdraw and counsel’s withdrawal will not unduly prejudice Plaintiff’s case. The Court grants the motion.
CONCLUSION
The Court GRANTS the motion to be relieved as counsel for Plaintiff John Elias filed by Plaintiff’s counsel Boris Briskin of Ellis Law Corporation. Plaintiff’s counsel Boris Briskin of Ellis Law Corporation will be relieved upon filing proof of service on Plaintiff John Elias 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.