Judge: Richard Y. Lee, Case: 30-2020-01156261, Date: 2022-10-20 Tentative Ruling

Joubin Nasseri and Nasseri Law Group (“Moving Attorneys”) move to be relieved as counsel of record for Defendants Diana L. Marquez and Martin Marquez (“Defendants”).

The motions are unopposed and Moving Attorneys have stated a basis for permissive withdrawal under Rules of Professional Conduct, Rule 1.16.  The motions satisfy the notice, declaration, and proposed order requirements of Cal. Rules of Court, Rule 3.1362.

The Court notes that the proofs of service for the motions and supporting papers list an Arkansas address for Defendants, and no e-mail address, but indicate that service was made by e-mail only.  Moving Attorneys are instructed to be prepared to submit proofs of service at the hearing showing the motions and supporting papers were properly served on Defendants by mail in a timely manner. 

The Court further notes that these motions are being heard on the eve of trial, which is set for October 24, 2022.  The Court has a duty to ensure that Defendants are protected from the consequences of Moving Attorneys’ withdrawal as counsel at this late juncture.  (See Vann v. Shilleh (1975) 54 Cal.App.3d 192, 197.)  The Court finds that Defendants will suffer no undue prejudice as a result of the granting of these motions, given that Defendants’ failure to stay in contact with counsel has necessitated the motions. 

Thus, the motions will be GRANTED upon a showing at the hearing that the motions and supporting papers were properly served on the clients by mail.  Moving attorneys are to provide proof of proper service by the time of the hearing, at which point the motions will be GRANTED.  Failure to do so will result in DENIAL of the motions.

The order is effective upon service by Moving Attorneys.