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

BACKGROUND 

On September 21, 2022, Plaintiff George Leong (“Plaintiff”) filed this action against Defendants Xie Zhijing (“Zhijing”), Uber Technologies, Inc. (“Uber”), and Does 1-50 for negligence and motor vehicle tort. 

On February 15, 2023, Uber filed an answer. 

On July 11, 2023, Plaintiff’s counsel, Kaveh Keshmiri, filed a motion to be relieved as counsel to be heard on September 5, 2023.  No opposition was filed. 

On September 5, 2023, the Court continued the hearing to September 26, 2023. 

On September 6, 2023, Plaintiff’s counsel filed a revised motion to be relieved as counsel and a proof of service. 

Trial is currently scheduled for March 20, 2024. 

COUNSEL’S REQUEST 

Plaintiff’s counsel, Kaveh Keshmiri, 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 MC-051, MC-052 and MC-053 forms.  Counsel has provided a declaration stating that counsel and Plaintiff have “[i]rreconcilable differences.”  Counsel stated that he served Plaintiff by mail at Plaintiff’s last known address with copies of the motion papers served with counsel’s declaration.   Counsel was unable to confirm that the address is current or locate a more current address for Plaintiff after making the following efforts: mailing the motion papers to Plaintiff's last known address, return receipt requested, calling Plaintiff's last known telephone number or numbers, and conducting a search using “[i]nvestigative services.” 

Counsel has submitted proof of service on all parties that have appeared.  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.