Judge: Mark A. Young, Case: 24SMCV03100, Date: 2025-01-02 Tentative Ruling
Case Number: 24SMCV03100 Hearing Date: January 2, 2025 Dept: M
CASE
NO.: 24SMCV03100
MOTION: Motion to be Relieved as
Counsel
HEARING
DATE: 1/2/2025
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
Counsel Hesam Yazdanpanah and the
Law Offices of Hess Panah & Associates moves to be relieved as counsel of
record for Plaintiff Syah Cole. Counsel submits all the mandatory forms.
Counsel states that an irreparable breakdown of the attorney-client
relationship has occurred as they have lost all communication with their
client. Counsel served their client by mail at her last known address. Counsel
was unable to confirm this address as recent within the past 30 days despite
reasonable efforts to confirm the address, such as mailing with return receipt,
calling the client’s telephone and conducting database searches. The
declaration notes the hearings that were on calendar at the time of filing. Since
the filing of this motion, Defendant moved to compel discovery responses from
Plaintiff. These motions are set to be heard with the Case Management Conference
on March 21, 2025. The MC-053 form should include these new dates when served
upon the client.
Accordingly, the motion is GRANTED.
The order is effective upon the filing of the proof of service of the order
(MC-053 Form) on the client. Until then, counsel remains counsel of record.