TENTATIVE RULING

Calendar: 2

Date: 8/11/2023

Case No. 22 GDCV0946 Trial Date: None Set  

Case Name: Derboghossian v. Derboghassian, et al.

MOTION TO BE RELIEVED AS COUNSEL

Moving Party: Alex Gilanians, Esq.

Name of Client: Plaintiff Hovsep Derboghassian   

RELIEF REQUESTED:

Order permitting attorney to be relieved as attorney of record in this action 

GROUNDS FOR MOTION:

Defendant Hagop Derboghassian filed a motion to disqualify moving counsel as plaintiff’s attorney on the ground of conflict based on prior representation of defendant, and also filed a complaint with the State Bar of California.  On behalf of plaintiff, counsel opposed the motion to disqualify.  Counsel advised the State Bar that the motion to disqualify was pending, and the State Bar agreed to wait for this court’s decision.  Counsel was informed that a denial of the motion to disqualify would have made the State Bar close their file.  A disqualification by this court would have resulted in a warning letter from the  State Bar, but no further disciplinary action.  

On May 5, 2023, the court held a hearing on the motion to disqualify, and continued the matter to September 15, 2023.  This court urged the parties to participate in mediation and try to settle the case, and also stayed the matter, except for a briefing schedule set to address if the matter could be sent to the LASC Probate Department.  The parties proceeded to exchange names of neutrals. 

Counsel was then contacted by the State Bar and informed the State Bar would not wait until September 15, 2023, and told counsel to withdraw, substitute out, or get a waiver of conflict of interest from defendants.  Counsel requested that defendant agree to a limited waiver of conflict for the limited purpose of mediation, and that if the matter did not settle, counsel would substitute out or file a motion to withdraw.  Defendant refused and demanded that counsel withdraw.  Plaintiff refused to consent to a substitution, feeling that he was being bullied by defendant.  Counsel is informed by the State Bar attorney that if counsel withdraws voluntarily, he will be subject only to a warning letter, and if he refuses to withdraw, he will be subject to disciplinary action.  Counsel feels he is left with no choice but to file this motion. 

PROPOSED ORDER:

Address and phone number of client set forth:    No   

Proper warning: Yes   

Future dates filled in:    No    

ANALYSIS:

California Rules of Professional Conduct, Rule 1.16 provides, in pertinent part:

“(a) …a lawyer shall not represent a client or, where representation has commenced, shall withdraw from the representation of a client if:…

(2) the lawyer knows or reasonably should know that the representation will result in violation of these rules or of the State Bar Act…

(b)…a lawyer may withdraw from representing a client if:…

(9) a continuation of the representation is likely to result in a violation of these rules or the State Bar Act….”

However, the proposed order is not complete and is ordered to be modified before the order is signed.   

Specifically, the attorney has failed to check a box at paragraph 5, and is ordered to check boxes 3b and 5a, in effect, specifying that the client has been served by mail with the appropriate declaration and that the attorney will be relieved as attorney of record effective upon the filing of proof of service of the signed order upon the client. 

At paragraph 6, counsel has failed to include the client’s current address and telephone number.  This requirement is necessary for the court to have appropriate contact information for the plaintiff client. 

The order also fails to designate at paragraphs 7 through 9 the hearings scheduled in this matter or to specify that no trial date has been set.  Specifically, there is a Case Management Conference and Order to Show Cause Re: Status of a Probate Case Filing in the matter scheduled for September 15, 2023, which must be added to the Order at paragraph 7.  At paragraph 9, counsel must check box 9a, indicating that the trial in this action is not yet set. 

Counsel is ordered to modify the order before the motion will be granted. 

RULING:

The Court orders the stay of this matter in its entirety entered by the Court by its minute order of May 5, 2023 lifted from the date of the filing of the Notice of Motion and Motion to be Relieved as Counsel on June 30, 2023 through and including the date on which the Motion is resolved, which the Court anticipates will occur on the hearing date of August 11, 2023.  Once the Motion is decided, the stay of this matter in its entirety is ordered immediately reinstated, with the limited exception noted below.   

Motion to be Relieved as Counsel is GRANTED. 

The Court will sign the proposed Order Granting Attorney’s Motion to be Relieved as Counsel-Civil with the following modifications:  (1) counsel will fully complete paragraph 2 by indicating the persons present at the hearing, (2) at paragraph 3, counsel will check box 3b;  (3) in paragraph 5, counsel will check box 5a, and the Order will indicate it becomes effective upon the filing of the proof of service of the signed order upon the client; (4) in paragraph 6, the Order will include the current address and telephone number of the client; (5) in paragraph 7a, the Order will indicate there is Case Management Conference and Order to Show Cause Re: Status of a Probate Case Filing in the matter scheduled for September 15, 2023; (6) at paragraph 9, counsel will check box 9b, indicating the trial of this matter is not yet set.  

As so modified, the Court will sign the Order and counsel will be relieved effective upon the efiling of the proof of service of the signed order upon the client. 

Motion to Disqualify Counsel Alex Gilanians and Alex Gilanians APC from Representation of Plaintiff filed by Defendant Hagop Derboghossian scheduled for hearing on September 15, 2023 is taken off calendar. 

Case Management Conference and Order to Show Cause Re: Status of a Probate Case Filing in the matter scheduled for September 15, 2023 remain on calendar for that date.  

 DEPARTMENT D IS CONTINUING TO CONDUCT AND ENCOURAGE AUDIO OR VIDEO APPEARANCES

Please make arrangement in advance if you wish to appear via LACourtConnect/Microsoft Teams by visiting www.lacourt.org to schedule a remote appearance.  Please note that LACourtConnect/Microsoft Teams offers free audio and video appearances.  However, ADVANCE REGISTRATION IS REQUIRED. 

If no appearance is set up through LACourtConnect/Microsoft Teams, or no appearance is otherwise made, then the Court will assume the parties are submitting on the tentative.