Judge: Lynette Gridiron Winston, Case: 23PSCV03591, Date: 2024-08-06 Tentative Ruling

Case Number: 23PSCV03591    Hearing Date: August 6, 2024    Dept: 6

CASE NAME: Javier Flores Jr. v. Martin Perez, et al. 

Motion of Ramin R. Younessi of Law Offices of Ramin R. Younessi to be Relieved as Counsel for Plaintiff 

TENTATIVE RULING 

The Court DENIES the motion of Ramin R. Younessi of Law Offices of Ramin R. Younessi to be relieved as counsel for Plaintiff without prejudice. 

Counsel is ordered to give notice of this ruling and file proof of service of same within five calendar days. 

BACKGROUND 

This is a personal injury action. On November 16, 2023, plaintiff Javier Flores Jr. (Plaintiff) filed this action against defendants Martin Perez, Baldwin Crest Homes, and Does 1 through 20, alleging causes of action for negligence, premises liability, and negligence-statutory liability. 

On July 11, 2024, Ramin R. Younessi of Law Offices of Ramin R. Younessi moved to be relieved as counsel for Plaintiff. The motion is unopposed. 

LEGAL STANDARD

The Court has discretion to allow an attorney to withdraw, and such a motion should be granted, provided that there is no prejudice to the client, and it does not disrupt the orderly process of justice. (See Ramirez v. Sturdevant (1994) 21 Cal.App.4th 904, 915; People v. Prince (1968) 268 Cal.App.2d 398, 403-407.) 

A motion to be relieved as counsel must be made on Judicial Council Form MC-051 (Notice of Motion and Motion), MC-052 (Declaration), and MC-053 (Proposed Order). (Cal. Rules of Court, rule 3.1362, subds. (a), (c), (e).) The requisite forms must be served “on the client and on all parties that have appeared in the case.” (Cal. Rules of Court, Rule 3.1362, subd. (d).) 

DISCUSSION 

Ramin R. Younessi of Law Offices of Ramin R. Younessi (Counsel) seeks to be relieved as counsel for Plaintiff. Counsel indicates there has been a breakdown in the attorney-client relationship. (Younessi Decl., ¶ 2.) The Court finds this sufficient grounds for withdrawal. A breakdown in the attorney-client relationship is also grounds for allowing the attorney to withdraw. (Estate of Falco (1987) 188 Cal.App.3d 1004, 1014.) Grounds for permitting an attorney to withdraw from representation also include the client’s conduct that “renders it unreasonably difficult for the lawyer to carry out the representation effectively[.]” (Cal. Rules of Professional Conduct, rule 1.16, subd. (b)(4).) 

Counsel has provided the required application, declaration, and proposed order on Judicial Council forms MC-051, MC-052, and MC-053. (Cal. Rules of Court, rule 3.1362, subds. (a), (c), (e).) Counsel also has filed a proof of service of same on Plaintiff. (Proof of Service (7/11/24).) 

However, Counsel’s declaration indicates having only conducted a Transunion search within 30 days of filing the motion to confirm that Plaintiff’s address is current. (Younessi Decl., ¶ 3, subd. (b)(1).) The Court does not find this to be sufficient to confirm Plaintiff’s address. The options listed under paragraph 3, subdivision (1), of the declaration are methods that require some sort of response from the client, such as certified mail return receipt requested, telephone, or conversation. (See Younessi Decl., ¶ 3, subd. (b)(1).) A Transunion search requires no such response. The Court also notes that future hearing date information has changed since Plaintiff filed this motion, which could otherwise be addressed in a revised proposed order. 

Therefore, the Court DENIES the motion without prejudice. 

CONCLUSION 

The Court DENIES the motion of Ramin R. Younessi of Law Offices of Ramin R. Younessi to be relieved as counsel for Plaintiff without prejudice. 

Counsel is ordered to give notice of this ruling and file proof of service of same within five calendar days.