Judge: Peter A. Hernandez, Case: 23PSCV01873, Date: 2024-05-29 Tentative Ruling
Case Number: 23PSCV01873 Hearing Date: May 29, 2024 Dept: K
Counsel for Plaintiff Mary Carmen Almanza by and through
her conservator, Rosemary
Almanza’s (i.e., Gharibian Law, APC) Motion to be Relieved as
Counsel is GRANTED,
effective upon the
filing of a proof of
service showing service of the signed
order upon the
Client at the
Client’s last known address.
Background
Plaintiff Mary Carmen Almanza by and through her conservator, Rosemary Almanza (“Plaintiff”) alleges as follows:
On June 22, 2023, Plaintiff filed a complaint, asserting causes of action against La Posada Board and Care, Inc. dba La Posada In San Dimas (“Defendant”) and Does 1-40 for:
1.
Elder Abuse/Neglect
2.
Negligence/Willful Misconduct
On October 30, 2023, Plaintiff filed a “Notice of Death of Plaintiff and Abatement of Case.”
A Status Conference is set for June 12, 2024.
Discussion
Gharibian Law, APC (“Firm”) seeks to be relieved as counsel of record for Plaintiff (“Client”).
The court has discretion to allow an attorney to withdraw, and such a motion should be granted provided that there is no prejudice to the client and it does not disrupt the orderly process of justice. (See Ramirez v. Sturdevant (1994) 21 Cal.App.4th 904, 915; People v. Prince (1968) 268 Cal.App.2d 398.)
California Rules of Court (“CRC”) Rule 3.1362 requires (1) a notice of motion and motion directed to the client (made on the Notice of Motion and Motion to Be Relieved as Counsel—Civil form (MC-051)); (2) a declaration stating in general terms and without compromising the confidentiality of the attorney-client relationship why a motion under Code of Civil Procedure § 284(2) is brought instead of filing a consent under section 284(1) (made on the Declaration in Support of Attorney's Motion to Be Relieved as Counsel—Civil form (MC-052)); (3) service of the notice of motion and motion, the declaration, and the proposed order on the client and on all other parties who have appeared in the case; and (4) a proposed order relieving counsel (prepared on the Order Granting Attorney's Motion to Be Relieved as Counsel—Civil form (MC-053)). The court may delay the effective date of the order relieving counsel until proof of service of a copy of the signed order on the client has been filed with the court.
Attorney Art Gharibian (“Gharibian”) represents that there is a conflict of interest between Client and Firm. Gharibian asks that the court conduct an in camera hearing outside the presence of all other parties, in the event the court desires further information.
Gharibian also represents that there has been a breakdown of the attorney-client relationship with Client, such that withdrawal from representation is permissible pursuant to California Rule of Professional Conduct, 3-700(c) and that, while he has asked Client to sign a substitution of attorney form, Client has not responded to his request.
Gharibian states that he has served the Client by mail at the Client’s last known address with copies of the motion papers served with this declaration and that he has confirmed, within the past 30 days, that the address is current, by telephone.
The court determines that the requirements of Rules of Court Rule 3.1362 enumerated above have been sufficiently met.
Accordingly, the motion is granted, effective upon the filing of a proof of service showing service of the signed order upon the Client at the Client’s last known address.