Judge: Melvin D. Sandvig, Case: 23CHCV02576, Date: 2024-05-01 Tentative Ruling
Case Number: 23CHCV02576 Hearing Date: May 1, 2024 Dept: F47
Dept. F47
Date: 5/1/24
Case #23CHCV02576
MOTION TO BE
RELIEVED AS COUNSEL
Motion filed on 3/1/24.
MOVING ATTORNEYS: Mansour Jafarian
and Russell M. Rad
CLIENTS: Defendants Mahyar Louie
and Fran Louie
RELIEF REQUESTED: An order relieving Mansour
Jafarian and Russell M. Rad as counsel for Defendants
Mahyar Louie and Fran Louie in this action.
RULING: The motion is denied without
prejudice.
On 3/1/24, attorneys Mansour Jafarian and Russell M. Rad
filed the instant motion to be relieved as counsel for Defendants Mahyar Louie
and Fran Louie (collectively, Defendants) in this action based on a breakdown
in the working relationship.
Proofs of service have been filed indicating that the
motion papers were served on the clients by email and U.S. mail. The declaration filed in support of the
motion indicates that the clients were served by mail and their address was
confirmed by emailing the declaration, notice and order to the clients. (See Jafarian Decl., No.3.a.(2),
b.(1)(d)). There is no evidence that the
attorneys received a response to the email(s) from the clients to confirm the
email or street addresses where the motion documents were sent/served.
Additionally, on 4/10/24, the Court served counsel for
plaintiff and defendants with notice that the hearing on the instant motion was
continued from 4/22/24 to 5/1/24. (See
4/10/24 Notice of Continuance of Hearing and Order). Counsel for the parties were ordered to give
notice of same and filed a proof of service of such notice. Id.
There is no evidence that defendants were served with notice of the
continued hearing date.