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

BACKGROUND 

On May 5, 2022, Plaintiff Giovanna Peoples (“Plaintiff”) filed this action against Defendants Claudia Reyes, Ramona Andrade Reyes, and Does 1-100 for negligence, negligent entrustment and negligence per se. 

On August 14, 2023, Plaintiff’s counsel, Sam Ryan Heidari, filed a motion to be relieved as counsel to be heard on September 6, 2023. 

Trial is currently scheduled for November 2, 2023. 

COUNSEL’S REQUEST 

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

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  

Counsel has submitted completed MC-051, MC-052 and MC-053 forms. Counsel has provided a declaration stating that there has been a breakdown in communication which prevents counsel from effectively representing the client.  Counsel stated he served Plaintiff at her last known address via mail, with return receipt requested. Counsel submitted proof of service on all parties, including Plaintiff. 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 five days.