Judge: Lisa R. Jaskol, Case: 22STCV00867, Date: 2024-05-07 Tentative Ruling

Case Number: 22STCV00867    Hearing Date: May 7, 2024    Dept: 28

Having considered the moving papers, the Court rules as follows. 

BACKGROUND 

On January 10, 2022, Plaintiff Howard D. Mack III (“Plaintiff”) filed this action against Defendants West Coast Dental Services, Inc., dba Choice Dental Group of Hawthorne and Does 1-50 for general negligence and premises liability. 

On September 18, 2023, Defendant West Coast Dental Administrative Services, LLC, dba Choice Dental Group (erroneously served and sued as West Coast Dental Services, Inc., dba Choice Dental Group of Hawthorne) filed an answer. 

On October 26, 2023, Defendant filed a notice of errata stating its correct name is Cohen Sedgh, Manavi, & Pakravan Dental Corporation dba Choice Dental Group (erroneously sued and served as West Coast Dental Services, Inc. dba Choice Dental Group of Hawthorne). 

On March 19, 2024, Plaintiff’s counsel, the Law Offices of Jacob Emrani and Jonathan Chun, Esq., filed a motion to be relieved as counsel, to be heard on May 3, 2024. The Court continued the hearing to May 7, 2024. 

Trial is currently scheduled for October 15, 2024. 

COUNSEL’S REQUEST 

Plaintiff’s counsel, Law Offices of Jacob Emrani and Jonathan Chun, Esq., ask to be relieved as counsel. 

LEGAL STANDARD 

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 

Counsel has submitted completed MC-051, MC-052 and MC-053 forms and served all parties who have appeared in the action. 

The Court grants the motion. 

CONCLUSION 

The Court GRANTS the motion of Law Offices of Jacob Emrani and Jonathan Chun, Esq., to be relieved as counsel for Plaintiff Howard D. Mack III.  Counsel will be relieved upon filing proof of service on Plaintiff Howard D. Mack III of the Order Granting Attorney’s Motion to Be Relieved as Counsel--Civil (Judicial Council form MC-053). 

Counsel is ordered to give notice of this ruling. 

Counsel is ordered to file the proof of service of this ruling with the Court within five days.