Judge: Maurice A. Leiter, Case: 21STCV08293, Date: 2023-04-20 Tentative Ruling

Case Number: 21STCV08293    Hearing Date: April 20, 2023    Dept: 54

Hearing Date: April 20, 2023

Department 54, Judge Maurice A. Leiter

(2) Motions to Be Relieved as Counsel

Moving Party: Benjamin Berger and Houman Esmailpour, counsel of record for Plaintiffs Fateme Rezaian and Mehdi Rezaian

Responding Party: None

T/R:     THE MOTIONS ARE GRANTED. COUNSEL TO FILE PROOFS OF SERVICE OF ORDER ON PLAINTIFFS WITHIN 5 DAYS OF NOTICE OF RULING. COUNSEL WILL BE RELIEVED UPON FILING OF PROOF OF SERVICE OF ORDER.

COUNSEL TO NOTICE.

The Court considers the moving papers. No opposition has been received.

The Court may issue an order allowing an attorney to withdraw from representation, after notice to the client.  (CCP § 284.)  The attorney may withdraw from representation as long as the withdrawal would not result in undue prejudice to the client’s interest—i.e., counsel cannot withdraw at a critical point in the litigation.  (Ramirez v. Sturdevant (1994) 21 Cal. App. 4th 904, 915; see California Rule of Professional Conduct 3-700.)

Benjamin Berger and Houman Esmailpour, counsel of record for Plaintiffs Fateme Rezaian and Mehdi Rezaian, seek to withdraw from representation of Plaintiffs. Counsel state that the attorney-client relationships have broken down. Trial is set for May 22, 2023. While trial is imminent, the Court finds that Plaintiffs’ interests are not well served by current counsel’s continuing under these circumstances. The Court will inquire whether Plaintiffs plan to retain new counsel or proceed pro per. Counsel has complied with CRC 3.1362.

There is good cause for counsel’s withdrawal. The motions are GRANTED.