Tentative Ruling 

HEARING DATE: March 28, 2024 

CASE NUMBER: 21STCV01730 

CASE NAME:

George Ajrab v. 500 Evergreen Homeowners Association  

ATTORNEY NAME: Plaintiff, George Ajrab’s, attorney, Laurence Ring 

 

TRIAL DATE: Not Set.  

 

MOTION: (1) Motion to be Relieved as Counsel  

 

Tentative Rulings: (1) GRANTED.

 

 

 

On January 15, 2021, Plaintiff, George Ajrab (“Plaintiff”) filed a Complaint against Defendants, 500 Evergreen Homeowners Association; Eldad Elfi; CSE Safeguard Insurance Company, and DOES 1 through 20. On July 9, 2021, Plaintiff filed a First Amended Complaint. On January 4, 2024, Plaintiff filed a Second Amended Complaint (“SAC”) alleging causes of action for: (1) Breach of Contract; and (2) Nuisance.   The HOA’s Answer to the SAC was field February 15, 2024.  While the case had been previously set for trial and continued several times while this matter had been assigned to the PI hub, the trial was vacated and the case reassigned from the Hub to the Southwest District, Department Inglewood-8 with its then trial-setting conference vacated. 

 

On March 13, 2024, Plaintiff, George Ajrab’s counsel of record, Laurence Ring (“Ring”) filed a Motion to be Relieved as Counsel, the re-filing of his earlier motion whose hearing the Hub court vacated.   

 

Code of Civil Procedure § 284 states that “the attorney in an action…may be changed at any time before or after judgment or final determination, as follows: (1) upon the consent of both client and attorney…; (2) upon the order of the court, upon the application of either client or attorney, after notice from one to the other.” (Code Civ. Proc. § 284; CRC 3.1362.)¿ The withdrawal request may be denied if it would cause an injustice or undue delay in proceeding; but the court's discretion in this area is one to be exercised reasonably. (See Mandell v. Superior (1977) 67 Cal.App.3d 1, 4; Lempert v. Superior Court (2003) 112 Cal.App.4th 1161, 1173.)

 

In making a motion to be relieved as counsel, the attorney must comply with procedures set forth in Cal. Rules of Court 3.1362. The motion must be made using mandatory forms: Notice of Motion and Motion to be Relieved as Counsel directed to the client – Civil (MC-051); Declaration “stating in general terms and without compromising the confidentiality of the attorney-client relationship” reasons the motion was brought (MC-052); and a Proposed Order (MC-053). (Ibid.) The forms must be filed and served on all parties who have appeared in the case. (Ibid.)

 

Here, Plaintiff’s counsel, Mr. Ring, moves the Court to relieve him as attorney of record for Plaintiff. Ring filed a Notice of Motion, Motion to be Relieved as Counsel, Declaration, and Proposed Order in accordance with Cal. Rules of Court 3.1362. Per the moving papers, on March 13, 2024, all forms for the pending motion were served on Plaintiff by mail. Ring notes that Plaintiff’s last known address has been confirmed by telephone. Further, on March 13, 2024, proof of service for said documents were filed with the Court.

 

In the declaration Ring notes that he “has been actively attempting to sell his law practice and retire which he informed the client.” He also notes that he “has advised the client to either settle or seek new representation.” However, Ring contends that the client refused both options.   

 

Since Plaintiff’s attorney has complied with all procedural requirements in filing a motion to be relieved as counsel and because the withdrawal would not cause an injustice or undue delay in proceedings, the Court finds that withdrawal of Laurence Ring as attorney of record for Plaintiff, George Ajrab, can be accomplished without undue prejudice to his interests.  

 

 

For the foregoing reasons, Laurence Ring’s, Motion to Be Relieved As Counsel is GRANTED and the Order will be signed at the hearing. “After the order is signed, a copy of the signed order must be served on the client and on all parties that have appeared in the case.” (Cal. Rules of Court, rule 3.1362(e).) The Order on this Motion will not be effective “until proof of service of a copy of the signed order on Plaintiff and Defendant has been filed with the court.” (Id.)

 

Moving party is ordered to give notice.