Judge Robert B. Broadbelt, Case Number: BC716112, Date: 2024-05-03 Tentative Ruling

(2) Motion to be Relieved as Counsel for Defendant E&E Mortgage Bankers Corporation

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

Michael L. Tusken (“Defendants’ Counsel”) separately moves to be relieved as counsel for (1) defendant Shahram Elyaszadeh (“Elyaszadeh”) and (2) defendant E&E Mortgage Bankers Corporation (“E&E”). In the interest of efficiency, the court discusses the two motions to be relieved as counsel for Defendants 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 Defendants’ Counsel has served (1) defendant Elyaszadeh with the moving papers at Elyaszadeh’s last known address, which Defendants’ Counsel has confirmed within the past 30 days is current, (2) defendant E&E with the moving papers at E&E’s last known address, which Defendants’ Counsel has confirmed within the past 30 days is current, and (3) counsel for plaintiff Manoucher Sarbaz[1] with the moving papers as required by rule 3.1362. (MC-052 as to Elyaszadeh, ¶ 3, subds. (a)(2), (b)(1)(c); MC-052 as to E&E, ¶ 3, subds. (a)(2), (b)(1)(c); Proofs of Service.) The court also finds that Defendants’ Counsel has shown sufficient reasons why the motions should be granted, and why counsel 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 Defendants Counsel’s (1) motion to be relieved as counsel for defendant Shahram Elyaszadeh, and (2) motion to be relieved as counsel for defendant E&E Mortgage Bankers Corporation.

Michael L. Tusken will be relieved as counsel for defendants Shahram Elyaszadeh and E&E Mortgage Bankers Corporation 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 Michael L. Tusken to give notice of this ruling and the signed “Order[s] Granting Attorney’s Motion to be Relieved as Counsel – Civil” to defendants Shahram Elyaszadeh and E&E Mortgage Bankers Corporation and to all other parties who have appeared in this action.

[1] The court notes that Defendants’ Counsel appears to have served counsel for plaintiff at the incorrect mailing address. Specifically, Defendants’ Counsel served counsel for plaintiff at the address 35 N. Lake Avenue, Suite 700, Pasadena, California, 91101. (MC-051 forms, Proof of Service; MC-052 forms, Proof of Service.) But on January 23, 2024, counsel for plaintiff filed a “Notice of Change of Address or Other Contact Information,” updating counsel’s address to 200 E. Carrillo Street, Suite 100, Santa Barbara, California, 93101. (Jan. 23, 2024 Not. of Change of Address, ¶ 2.) However, Defendants’ Counsel also served counsel for plaintiff at the correct email address and therefore has satisfied rule 3.1362, subdivision (d).

manoucher sarbaz ; Plaintiff, vs. shahram elyaszadeh , et al.; Defendants.	Case No.:	BC716112

	Hearing Date:	May 3, 2024

	Time:	10:00 a.m.

	[tentative] Order RE: (1) motion to be relieved as counsel for defendant shahram elyaszadeh (2) motion to be relieved as counsel for defendant e&e mortgage bankers corporation