Judge: Peter A. Hernandez, Case: 24STCV21924, Date: 2025-05-06 Tentative Ruling

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Case Number: 24STCV21924    Hearing Date: May 6, 2025    Dept: 34

Plaintiff Alexis Julian Gonzalez’ Counsel Sarkis Sirmabekian’s Motion to be Relieved as Counsel is GRANTED, effective upon the filing of proof of service showing service of the signed order.

Background

            On August 27, 2024, Plaintiff Alexis Julian Gonzalez (“Plaintiff”) filed a complaint against Defendants Blue Atlantic Partners, LLC and BAP Logistics (“Defendants”) arising from Plaintiff’s employment with Defendants alleging a cause of action for Violation of the Private Attorneys General Act, California Labor Code section 2698 et seq. (“PAGA”).

            On December 23, 2024, Plaintiffs Alexis Julian Gonzalez and Walter Oatis (“Plaintiffs”) filed a First Amended Complaint (“FAC”) against Defendants Blue Atlantic Partners, LLC, BAP Logistics, and Marcellus Ellis (“Defendants”).

On April 3, 2025, counsel for Plaintiff Alexis Julian Gonzalez, Sarkis Sirmabekian (“Counsel”), filed: (1) MC-051, Motion to be Relieved as Counsel; (2) MC-052, Declaration in Support of Motion to be Relieved as Counsel; (3) MC-053, Proposed Order; and (4) Proof of Service. No opposition or other response has been filed.

Legal Standard

“The attorney in an action or special proceeding may be changed at any time before or after judgment or final determination, as follows: 1. Upon the consent of both client and attorney, filed with the clerk, or entered upon the minutes; 2. Upon the order of the court, upon the application of either client or attorney, after notice from one to the other.” (Code Civ. Proc., § 284.)

An attorney moving to be relieved as counsel under California Code of Civil Procedure section 284(2) must meet the requirements set out in California Rules of Court, rule 3.1362.

To comply with rule 3.1362, the moving party must submit the following forms: (1) Notice of Motion and Motion to be Relieved as Counsel; (2) Declaration in Support of Attorney's Motion to be Relieved as Counsel; and (3) Order Granting Attorney's Motion to be Relieved as Counsel. (Cal. Rules of Court, rule 3.1362(a), (c), (e).)

The moving party must serve the aforementioned forms on the client and all other parties who have appeared in the case. (Cal. Rules of Court, rule 3.1362(d).) Further, when the client is served by mail, the attorney's declaration must show that the client's address was confirmed within the last 30 days and how it was confirmed. (Ibid.) 

Absent a showing of resulting prejudice, an attorney’s request for withdrawal should be granted.  (People v. Prince (1968) 268 Cal.App.2d 398, 406.)

Discussion

Counsel’s motion complies with the requirements of California Rules of Court, rule 3.1362, in that Counsel provided a motion to be relieved as counsel; a declaration in support; a proposed order granting Counsel’s motion; and proof of service.

            The declaration states that a conflict developed between Plaintiff and Counsel as Plaintiff is in breach of her retainer agreement. (Sirmabekian Decl., ¶ 2.)

            The court determines that the requirements of Rules of Court Rule 3.1362 enumerated above have been sufficiently met. The court grants the requested withdrawal effective upon the filing of proof of service showing service of the signed order to Plaintiff.

Conclusion

Plaintiff Alexis Julian Gonzalez’ Counsel Sarkis Sirmabekian’s Motion to be Relieved as Counsel is GRANTED, effective upon the filing of proof of service showing service of the signed order.