Judge: Robert B. Broadbelt, Case: 24STCV11786, Date: 2024-10-15 Tentative Ruling

Case Number: 24STCV11786    Hearing Date: October 15, 2024    Dept: 53

Superior Court of California

County of Los Angeles – Central District

Department 53

MOVING PARTY:                 David Euredjian of Foster, Sultanyan & Euredjian, LLP           

RESPONDING PARTY:        Unopposed

(1)   Motion to be Relieved as Counsel for Plaintiff Martina Negrete Arreola

(2)   Motion to be Relieved as Counsel for Plaintiff Luis E. Garcia

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

DISCUSSION

David Euredjian of Foster, Sultanyan & Euredjian (“Plaintiffs’ Counsel”) separately moves to be relieved as counsel for (1) plaintiff Martina Negrete Arreola, and (2) plaintiff Luis E. Garcia (collectively, “Plaintiffs”).  In the interest of efficiency, the court discusses Plaintiffs’ Counsel’s two motions 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 Plaintiffs (1) with the moving papers filed in connection with each motion by mail at Plaintiffs’ last known addresses, which Plaintiffs’ Counsel has been unable to confirm are current or to locate a more current address for each plaintiff after making reasonable efforts to do so, and by email, and (2) with notice of the continued hearing dates on the pending motions, by mail and email.  (MC-051 Forms, Proofs of Service; MC-052 Forms, ¶ 3, subds. (a)(2), (b)(2)(b), (b)(2)(e); Cal. Rules of Ct., rule 3.1362, subd. (d)(1)(B); Sep. 13, 2024 Notice Regarding Hearing Dates, pp. 1:22, 2.)  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 consents 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 Martina Negrete Arreola, and (2) motion to be relieved as counsel for plaintiff Luis E. Garcia.

David Euredjian of Foster, Sultanyan & Euredjian will be relieved as counsel of record for plaintiffs Martina Negrete Arreola and Luis E. Garcia effective upon the filing of the proofs of service of the signed “Order[s] Granting Attorney’s Motion to be Relieved as Counsel – Civil” on each of the clients.

The court orders David Euredjian of Foster, Sultanyan & Euredjian to give notice of this ruling and the signed “Order[s] Granting Attorney’s Motion to be Relieved as Counsel – Civil” to plaintiffs Martina Negrete Arreola and Luis E. Garcia.

IT IS SO ORDERED.

DATED:  October 15, 2024

_____________________________

Robert B. Broadbelt III

Judge of the Superior Court