Judge: Mark A. Young, Case: 23SMCV03601, Date: 2024-04-02 Tentative Ruling

Case Number: 23SMCV03601    Hearing Date: April 2, 2024    Dept: M

CASE NAME:           Ease-Build Inc., v. Bagramyan, et al.

CASE NO.:                23SMCV03601

MOTION:                  Motion to be Relieved

HEARING DATE:   4/2/2024

Legal Standard

The court may order that an attorney be changed or substituted at any time before or after judgment or final determination upon request by either client or attorney and after notice from one to the other. (CCP § 284(2).) The attorney seeking to withdraw must take “reasonable steps to avoid reasonably foreseeable prejudice to the rights of the client, including giving due notice to the client, allowing time for employment of other counsel.” (Cal. Rules of Prof. Conduct, 3-700(A)(2). See, e.g., Vann v. Shilleh (1975) [holding withdrawal prejudicial where attorney withdraw from the representation of defendant on the Friday before trial began the following Monday].) “The determination whether to grant or deny a motion to withdraw as counsel lies within the sound discretion of the trial court.” (Manfredi & Levine v. Superior Court (1998) 66 Cal.App.4th 1128, 1133.) 

An application to be relieved as counsel must be made on Judicial Counsel Form MC-051 (Notice of Motion and Motion), MC-052 (Declaration), and MC-053 (Proposed Order). (CRC 3.1362(a), (c), (e).) The requisite forms must be served “on the client and on all parties that have appeared in the case.” (CRC, 3.1362(d).) When a client is served by mail, the attorney’s declaration must indicate that the client’s address was confirmed within the last 30 days and how it was confirmed. (Id.) If the attorney is unable to confirm the client’s current address, the declaration must state the reasonable efforts made within the last 30 days to obtain the client’s current address. (Id.) Additionally, the declaration “must state in general terms and without compromising the confidentiality of the attorney client relationship why” a motion is brought instead of filing a substitution of attorney. (CRC, 3.1362(c).)

Analysis

Gabriel Balayan, Esq. and Mentis Legal Law Firm APC move to be relieved as counsel of record for Defendants 5904 Kanan Dume LLC and Tony Bagramian. Counsel provides all the required forms. Counsel declares that the client has rendered it unreasonably difficult for counsel to carry out the representation effectively and that the client is in material breach of their retainer agreement. Counsel served their client by mail at the client’s last known address, which was confirmed within the past 30 days by mail with return receipt requested.

The declaration notes the incorrect trial date on calendar. The trial is set for March 10, 2025, not March 10, 2024. However, counsel correctly notes the trial date on the MC-053 form. The final status conference hearing date set for March 3, 2025, must also be added to the order.

Otherwise, the Court cannot find any prejudice on the part of the client. There are no dispositive motions pending, and trial is not for another year.  Accordingly, the motion is tentatively GRANTED. The order is effective upon the filing of the proof of service of the order on the client. Until then, counsel remains counsel of record.