Judge: Robert B. Broadbelt, Case: 22STCV31807, Date: 2024-12-13 Tentative Ruling

Case Number: 22STCV31807    Hearing Date: December 13, 2024    Dept: 53

Superior Court of California

County of Los Angeles – Central District

Department 53

MOVING PARTY:                 Jacob O. Partiyeli      

RESPONDING PARTY:       Unopposed

(1)   Motion to be Relieved as Counsel for Plaintiff Elizabeth Lopez Fabian

(2)   Motion to be Relieved as Counsel for Plaintiff Juan Carlos Roman

The court considered the moving papers filed in connection with each motion.  No opposition papers were filed.

DISCUSSION

Jacob O. Partiyeli (“Plaintiffs’ Counsel”) separately moves to be relieved as counsel for (1) plaintiff Elizabeth Lopez Fabian, and (2) plaintiff Juan Carlos Roman (collectively, “Plaintiffs”).  In the interest of efficiency, the court discusses Plaintiffs’ Counsel’s two motions to be relieved as counsel for Plaintiffs together.

“The question of granting or denying an application of an attorney to withdraw as counsel (Code Civ. Proc., § 284, subd. 2) is one which lies within the sound discretion of the trial court ‘having in mind whether such withdrawal might work an injustice in the handling of the case.’”¿ (People v. Prince (1968) 268 Cal.App.2d 398, 406 [internal quotations omitted].)¿ The court should also consider whether the attorney’s “withdrawal can be accomplished without undue prejudice to the client’s interests.”¿ (Ramirez v. Sturdevant (1994) 21 Cal.App.4th 904, 915.)¿¿¿¿¿¿¿¿¿¿ 

For a motion to be relieved as counsel under Code of Civil Procedure 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 Code of Civil Procedure section 284, subdivision (2) is brought instead of filing a consent under Code of Civil Procedure section 284, subdivision (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)).¿¿¿¿ 

The court finds that Plaintiffs’ Counsel has served (1) Plaintiffs with the moving papers filed in connection with the motions to be relieved as their counsel by mail at Plaintiffs’ last known address, which Plaintiffs’ Counsel has confirmed within the past 30 days is current, and (2) counsel for defendants Maria Del Carmen Cervantes and Mayra Alejandra Alatorre, as administrator of the Estate of Oscar Alatorre, with the moving papers filed in connection with the pending motions by mail.  (MC-052 Forms, ¶ 3, subds. (a)(2), (b)(1)(b); MC-051 and MC-052 Forms, Proofs of Service.)  The court also finds that Plaintiffs’ Counsel has shown sufficient reasons why the motions should be granted, and why counsel has brought the motions under Code of Civil Procedure section 284, subdivision (2) instead of filing a consent under section 284, subdivision (1).  (MC-052 Forms, ¶ 2.)

            The court therefore grants Plaintiffs’ Counsel’s (1) motion to be relieved as counsel for plaintiff Elizabeth Lopez Fabian, and (2) motion to be relieved as counsel for plaintiff Juan Carlos Roman.

            Jacob O. Partiyeli will be relieved as counsel of record for plaintiffs Elizabeth Lopez Fabian and Juan Carlos Roman effective upon the filing of the proof of service of the signed “Order[s] Granting Attorney’s Motion to be Relieved as Counsel – Civil” on the clients.¿

            The court orders Jacob O. Partiyeli to give notice of this ruling and the signed “Order[s] Granting Attorney’s Motion to be Relieved as Counsel – Civil” to plaintiffs Elizabeth Lopez Fabian and Juan Carlos Roman and to all other parties who have appeared in this action.

IT IS SO ORDERED.

DATED:  December 13, 2024

_____________________________

Robert B. Broadbelt III

Judge of the Superior Court