Judge: Michael E. Whitaker, Case: 21STCV21272, Date: 2023-05-09 Tentative Ruling

Case Number: 21STCV21272    Hearing Date: May 9, 2023    Dept: 32

PLEASE NOTE:   Parties are encouraged to meet and confer concerning this tentative ruling to determine if a resolution may be reached.  If the parties are unable to reach a resolution and a party intends to submit on this tentative ruling, the party must send an email to the Court at sscdept32@lacourt.org indicating that party’s intention to submit.  The email shall include the case number, date and time of the hearing, counsel’s contact information (if applicable), and the identity of the party submitting on this tentative ruling.  If the Court does not receive an email indicating the parties are submitting on this tentative ruling and there are no appearances at the hearing, the Court may place the motion off calendar or adopt the tentative ruling as the order of the Court.  If all parties do not submit on this tentative ruling, they should arrange to appear in-person or remotely (which is highly encouraged).  Further, after the Court has posted/issued a tentative ruling, the Court has the inherent authority to prohibit the withdrawal of the subject motion and adopt the tentative ruling as the order of the Court. 

TENTATIVE RULING

MOTION

            Aidin Ghavimi of Starpoint, LC (Counsel) moves to be relieved as counsel for Plaintiff Ashton Montalvo (Plaintiff).  

ANALYSIS

Counsel has filed forms MC-051 and MC-052 with the Court.  The basis for the motion is a lack of communication and breakdown in attorney-client relationship.  Counsel advances his own declaration to describe the following efforts he has made in an attempt to contact Plaintiff after receiving notice of Plaintiff’s incarceration status:

·         On or about November 28, 2022, I called the Martinez Detention Facility and confirmed that Plaintiff was being held there. I requested to speak with him but was not allowed to.

·         On or about January 12, 2022, my office sent a letter with the draft settlement agreement enclosed via certified mail – return receipt to the Martinez Detention Facility, attention: Ashton Montalvo, Inmate Number: CC22NI588. We received no response.

(Declaration of Aidin Ghavimi, ¶¶ 12, 13.) 

            Because of the special circumstances of Plaintiff’s current detention in a correctional facility, the Court finds Counsel’s described attempts to contact Plaintiff insufficient on their own to establish a comprehensive effort to gain contact with Plaintiff.  The Court notes for example Counsel fails to note whether the Martinez Detention Facility allows in-person visits and communication with Plaintiff, or whether Counsel has attempted to facilitate such a visit.  Accordingly, the Court finds Counsel has failed to establish a valid reason for withdrawal at this time, and denies Counsel’s motion as such. 

            The Court additionally notes Counsel has failed to lodge with the Court a copy of the proposed order on form MC-053 as required.  (Cal Rules of Court, rule 3.1362, subd. (e).) 

Counsel is ordered to provide notice of this order and file a proof of service of such.