Judge: Robert S. Draper, Case: 19STCV24997, Date: 2023-04-06 Tentative Ruling

Case Number: 19STCV24997    Hearing Date: April 6, 2023    Dept: 78

Superior Court of California 

County of Los Angeles 

Department 78 

Attorney Majid Safaie’s Motion to be Relieved as Counsel for Plaintiff Mehdi Haerikhorshid is GRANTED.

Factual background

This is an action alleging breach of fiduciary duties. The operative First Amended Complaint (“FAC”) alleges as follows.

In April 2018, Plaintiffs Mehdi Haerikhorshid (“Haerikhorshid”) and Leila Haeri (“Haeri, and with Haerikhorshid, “Plaintiffs”) were convinced to make an offer on residential property by their real estate agent, Defendant Mary Medhi Fadaei (“Fadaei”). (FAC ¶ 16.) The property was listed by defendants Pickford Real Estate, Inc., dba Berkshire Hathaway Homeservices California (“Berkshire”) and Ken Begey (“Begey”) who made various representations about the property. (FAC ¶¶ 14-15.) Plaintiffs entered into a purchase agreement but were unable to secure a loan, so Fadaei secured them a hard money loan, the terms of which were not translated and disclosed to Plaintiffs. (FAC ¶¶ 19-20.) After closing, Plaintiffs learned that many representations of Berkshire, Begey, and the seller were false, and Plaintiffs defaulted on the loan that matured in August 2019. (FAC ¶¶ 25-26.)

PROCEDURAL HISTORY 

On July 18, 2019, Plaintiffs filed the Complaint asserting seven causes of action:

1.    Breach of Fiduciary Duties;

2.    Professional Negligence;

3.    Fraud;

4.    Negligent Misrepresentation;

5.    Breach of Contract;

6.    Quiet Title; and,

7.    Declaratory Relief.

On January 26, 2021, Plaintiffs filed the FAC, removing the Quiet Title cause of action.

On February 10, 2023, Attorney Majid Safaie (“Safaie”) filed the instant Motion to be Relieved as Counsel for Plaintiff Mehdi Haerikhorshid.

No Opposition has been filed.

DISCUSSION 

Attorney Majid Safaie moves to be relieved as counsel for Plaintiff Mehdi Haerikhorshid.

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, Safaie has satisfied the requirements of rule 3.1362. In Safaie’s declaration, Safaie states that Haerikhorshid has been uncooperative in providing responses to discovery and uncommunicative with the firm, rending it impossible to represent him in this action.  

The Court finds that good cause exists to relieve Safaie from representation of Haerikhorshid. And, as no Opposition has been filed, and as trial is not set until November 2023, the Court finds that no party will be prejudiced by the relief.

Attorney Majid Safaie’s Motion to be Relieved as Counsel for Plaintiff Mehdi Haerikhorshid is GRANTED.

DATED: April 4, 2023

____________________________

Hon. John P. Doyle

Judge of the Superior Court