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.