Judge: Lynette Gridiron Winston, Case: 24PSCV02478, Date: 2025-02-25 Tentative Ruling

Case Number: 24PSCV02478    Hearing Date: February 25, 2025    Dept: 6

CASE NAME:  Hakes Sash & Door, Inc. v. Brasada Homes PH8, LLC, et al. 

Motion of Pedram Minoofar of Yadegar, Minoofar & Soleymani LLP to be Relieved as Counsel for Defendant Brasada Homes PH8, LLC 

TENTATIVE RULING 

The Court GRANTS the motion of Pedram Minoofar of Yadegar, Minoofar & Soleymani LLP to be relieved as counsel for Defendant Brasada Homes PH8, LLC, without prejudice. 

            Counsel is ordered to give notice of the Court’s ruling within five calendar days of this order. 

BACKGROUND 

This is a mechanics’ lien case. On August 2, 2024, plaintiff Hakes Sash & Door, Inc. (Plaintiff) filed this action against defendants Brasada Homes PH8, LLC (Brasada Homes), Construction Loan Services II, LLC (collectively, Defendants), and Does I through XX, alleging causes of action for foreclose mechanic’s [sic] lien, mechanic’s [sic] lien release bond, enforce stop payment notice, and stop payment notice release bond. 

On January 30, 2025, Pedram Minoofar of Yadegar, Minoofar & Soleymani LLP moved to be relieved as counsel for Defendant Brasada Homes. 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 

Timeliness 

Defendant’s counsel failed to timely serve and file this motion. Motions must be served and filed at least 16 court days before the hearing. (CCP § 1005(b).) Electronically serving a document extends any period of notice by two court days. (CCP § 1010.6(a)(4)(B).) Counsel filed this motion and also served it by email on January 30, 2025. (POS.) That was 16 court days before this hearing on February 25, 2025. Because Counsel served the motion electronically, Defenant was entitled to 18 court days' notice. (Code Civ. Proc., §§ 1005, subd. (b), 1010.6, subd. (a)(3)(B).) Thus, the motion was untimely. 

The court exercises its discretion to consider the motion, though it was not timely served and filed. “[A] trial court has broad discretion in allowing relief from a late filing where, as here, there is an absence of a showing of prejudice to the opposing party.” (Hoover Community Hotel Development Corp. v. Thomson (1985) 168 Cal.App.3d 485, 488.) Defendant has not opposed the motion and has not shown any prejudice as a result of having notice of 16 court days instead of 18 court days.           

            Merits 

Counsel has submitted a properly completed 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).) 

            The Court finds that everything is in order. Based on the foregoing, the Court GRANTS the motion.           

CONCLUSION 

The Court GRANTS the motion of Pedram Minoofar of Yadegar, Minoofar & Soleymani LLP to be relieved as counsel for Defendant Brasada Homes PH8, LLC, without prejudice. 

            Counsel is ordered to give notice of the Court’s ruling within five calendar days of this order.