Judge: Robert S. Draper, Case: 19STCV21717, Date: 2023-03-14 Tentative Ruling

Case Number: 19STCV21717    Hearing Date: March 14, 2023    Dept: 78

Superior Court of California 

County of Los Angeles 

Department 78 

Attorney Nadia Taghizadeh’s Motion to be Relieved as Counsel for Defendants Naser Nowbahari and Jasmin Food, Inc. is GRANTED.

Factual background

This is an action for breach of contract and fraud. The Complaint alleges as follows.

Plaintiff Peter Smyth (“Smyth”) entered into a Business Listing Agreement (the “Agreement”) with defendant Naser Nowbahari (“Nowbahari”) for the purpose of listing Nowbahari’s business for sale. (Compl. ¶ 6.) Plaintiff was named the real estate broker and listing agent for Nowbahari’s property. (Ibid.) Nowbahari has failed to pay the commission fee negotiated with Smyth in violation of the Agreement. (Compl. ¶ 8.)

PROCEDURAL HISTORY 

On June 19, 2019, Plaintiffs filed the Complaint asserting four causes of action:

1.    Breach of Written Contract;

2.    Breach of Covenant of Good Faith and Fair Dealing;

3.    Fraud; and,

4.    Declaratory Relief

On August 19, 2019, Nowbahari filed an Answer.

On June 14, 2021, Plaintiffs filed a Doe Amendment naming defendant Jasmin Food, Inc. as Doe 1.

On January 9, 2023, Attorney Nadia Taghizadeh (“Taghizadeh”) filed the instant Motion to be Relieved as Counsel.

No Opposition has been filed.

DISCUSSION 

Attorney Nadia Taghizadeh moves to be relieved as counsel for Defendants Naser Nowbahari and Jasmin Food, Inc. 

California Rule of Court rule 3.1362 (Motion to Be Relieved as Counsel) requires (1) notice of motion and motion to be 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(2) is brought instead of filing a consent under Code of Civil Procedure 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 and declaration 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 has discretion to allow an attorney to withdraw, and such a motion should be granted provided that there is no prejudice to the client and it does not disrupt the orderly process of justice. (Ramirez v. Sturdevant (1994) 21 Cal.App.4th 904, 915.) 

Here, Taghizadeh has satisfied the requirements of rule 3.1362. In her declaration, Taghizadeh states that a lack of communication and cooperation from Defendants has prevented Taghizadeh from providing quality representation to Defendants. Additionally, Taghizadeh attests that Defendants are in breach of their retainer agreement.   

The Court finds that good cause exists to relieve Taghizadeh from representation. And, as no Opposition has been filed the Court finds that Taghizadeh’s relief will not cause prejudice to any party.

Accordingly, Attorney Nadia Taghizadeh’s Motion to be Relieved as Counsel for defendants Naser Nowbahari and Jasmin Food, Inc. is GRANTED.   

DATED: March 14, 2023

____________________________

Hon. Robert S. Draper

Judge of the Superior Court