100 South Doheny Condominium Association, Inc. v. Hedayat Golcheh

MOTION TO BE RELIEVED AS COUNSEL FOR DEFENDANT HEDAYAT GOLCHEH

 

MOVING PARTY: G. Richard Green, Green & Marker (counsel for Defendant Hedayat Golcheh)

RESPONDING PARTY(S): None

STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS:

Plaintiff 100 South Doheny Condominium Association, Inc., the homeowners association for 100 South Doheny Dr. No. 705, Los Angeles, CA 90048, brings this action against Defendant Hedayat Golcheh, a condo owner at the property. Plaintiff alleges that Defendant breached the condo’s CC&Rs by failing to grant the Association access to the Property to complete necessary bedbug extermination and abatement work. 

G. Richard Green and the firm Green & Marker now move to be relieved as counsel for Defendant.  No opposition was filed.

TENTATIVE RULING:

Counsel’s Motion to be Relieved as Counsel for Defendant Hedayat Golcheh is GRANTED.

Moving 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 undue
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 on October 1, 2024.  Counsel served the moving papers by email at Defendant’s last known email address, confirmed by telephone within the last 30-days. (See MC-052, ¶ 3.) 

Counsel attests that withdrawal is necessary because “[i]rreconcilable differences have arisen between client and attorney [and] there has developed a failure to properly and adequately communicate, if at all.” (MC-052 ¶ 2.)

There is no opposition to the motion, and there is no evidence Defendant will be unduly prejudiced if Counsel is relieved at this time. 

Accordingly, Counsel’s Motion to be Relieved as Counsel is GRANTED.  

Moving counsel is ordered to give notice.

IT IS SO ORDERED.

Dated:   October 25, 2024 ___________________________________