Diane Bhalawan v. Tony Toutoni

MOTION TO BE RELIEVED AS COUNSEL FOR DEFENDANT TONY TOUTONI

 

MOVING PARTY: Attorney Cyrus S. Tabibnia (counsel for Defendant Tony Toutoni)

RESPONDING PARTY(S): None

STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS:

Plaintiff Diane Bhalawan aka Deyanna Mounira, a model, alleges that Defendant Tony Toutoni filed a fraudulent lawsuit against her and initiated an online smear campaign to derail her modeling career. Plaintiff asserts causes of action for (1) malicious prosecution, (2) IIED, (3) fraud, and (4) intentional interference with prospective economic relations. 

Attorney Cyrus Tabibnia, counsel Defendant Tony Toutoni, now moves to be relieved. No opposition was filed.

TENTATIVE RULING:

Counsel’s motion to be relieved as counsel is GRANTED.

Withdrawing Counsel is ordered to give notice.

DISCUSSION:

Motion to be Relieved as Counsel

A. Legal Standard

For a motion to be relieved as counsel under CCP section 284, subdivision¿(2), California Rules of Court 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 CCP section 284(2) is brought instead of filing a consent under CCP 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, declaration, and proposed order on the client and on all other parties who have appeared in the case; and (4) the proposed order relieving counsel (prepared on the Order Granting Attorney’s Motion to be Relieved as Counsel – Civil form (MC-053)).¿ (Cal. Rules of Court, rule 3.1362.)¿

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.)

B. Analysis

Counsel filed Civil forms MC-051, MC-052, and MC-053.  Counsel served the moving papers on the client at his last known residence by mail on January 29, 2025. (See Proof of Service; See Amended Decl. of Cyrus S. Tabibnia.)  Counsel confirmed that the address is current by running a “Skip Trace” on the Defendant on January 21, 2025. (Amended Decl. of Cyrus S. Tibibnia; Form MC-052 ¶ 3(b).) 

In support of withdrawal, Counsel attests that “there has been a breakdown of the working relationship” between Counsel and client. (Form MC-052, ¶ 2.)  

Here, “good cause” has been adequately demonstrated by Counsel.  Though the court recognizes an approaching trial date, there is no obvious undue prejudice to the client or any other party if counsel is relieved at this time. 

Accordingly, Counsel’s motion to be relieved is GRANTED.

Withdrawing counsel is ordered to give notice.

IT IS SO ORDERED.

Dated:   February 27, 2025 ___________________________________