Judge: Lisa R. Jaskol, Case: 22STCV00912, Date: 2023-10-05 Tentative Ruling

Case Number: 22STCV00912    Hearing Date: October 5, 2023    Dept: 28

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

BACKGROUND 

On January 1, 2022, Plaintiff Marirose King (“Plaintiff”) filed a complaint against Defendants Alexandra McOwen (“Defendant”) and Does 1-25 for general negligence and motor vehicle tort. 

On June 2, 2022, the Court granted Specially Appearing Defendant’s motion to quash and quashed service of the summons and complaint. 

On July 21, 2023, Plaintiff’s counsel, Sam Ryan Heidari, filed a motion to be relieved as counsel to be heard on August 17, 2023.  The Court continued the hearing on the motion to October 5, 2023. 

No trial date is currently set. 

COUNSEL’S REQUEST 

Plaintiff’s counsel, Sam Ryan Heidari, requests to be relieved as counsel.  

LEGAL STANDARD 

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 states there has been a breakdown in communication resulting in the deterioration of the attorney-client relationship which precludes counsel’s ability to effectively represent the client in this matter.  Counsel states that he served the client at her last known address and confirmed within the past 30 days that the address is correct by mail, return receipt requested. 

The Court grants the motion. 

CONCLUSION 

The Court GRANTS Plaintiff’s counsel's motion to be relieved as counsel.  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). 

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 5 days.