Judge: Lisa R. Jaskol, Case: 23STCV22935, Date: 2025-01-30 Tentative Ruling

Case Number: 23STCV22935    Hearing Date: January 30, 2025    Dept: 28

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

BACKGROUND 

On September 25, 2023, Plaintiffs Gexel Herrador Rivas (“Rivas”) and Jacqueline Osorio Clemente (“Clemente”) filed this action against Defendants Carlos Guzman (“Defendant”) and Does 1-25 for negligence and negligence per se. 

On December 8, 2023, Defendant filed an answer. 

On December 28, 2023, Gexel Emilio Herrador filed a substitution of attorney form stating that Gexel Herrador Rivas was substituting new legal representative Alex Vandenberg in place of his former attorney Sam Ryan Heidari. 

On December 12, 2024, Sam Ryan Heidari filed a motion to be relieved as counsel for Clemente.  The motion was set for hearing on January 30, 2025. 

Trial is currently scheduled for July 14, 2025. 

COUNSEL’S REQUEST 

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 

Clemente’s counsel has filed and served the required paperwork and provided the necessary information to support the motion to be relieved as counsel.  The Court finds that Clemente’s counsel has shown good cause for withdrawal and grants the motion. 

CONCLUSION 

The Court GRANTS Sam Ryan Heidari’s motion to be relieved as counsel for Plaintiff Jacqueline Osorio Clemente.  Sam Ryan Heidari will be relieved upon filing proof of service on Plaintiff Jacqueline Osorio Clemente 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.