Judge: Ronald F. Frank, Case: 22TRCV00128, Date: 2023-01-09 Tentative Ruling

Case Number: 22TRCV00128    Hearing Date: January 9, 2023    Dept: 8

Tentative Ruling¿¿ 

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HEARING DATE:                 January 9, 2023¿¿ 

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CASE NUMBER:                  22TRCV00128

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CASE NAME:                        Shamar Jackson v. Dasho II, LLC.

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MOVING PARTY:                Peter Shahriari, Counsel for Plaintiff

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RESPONDING PARTY:       Plaintiff Shamar Jackson, but no opposition has been filed

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TRIAL DATE:                        None

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MOTION:¿                              (1) Ex parte Application to Advance Hearing on Motion to Withdraw as Counsel of Record for Plaintiff

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Tentative Rulings:                  (1) DENY

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The Court rarely allows counsel to withdraw the day before a pending motion, especially when the client likely relied on the lawyer to give advice on the pending motion.  Here, the Motion to Vacate default arose out of actions by Mr. Shahriari during the course of the representation, including service of the Summons and Complaint and applying for the clerk’s default.  Defendant’s motion to vacate the default was filed and calendared prior to Mr. Shariari’s motion to withdraw.  If Defendants will stipulate to postpone the hearing on their motion to vacate the default, to a date sufficiently in the future that Plaintiff can secure replacement counsel or educate himself as to the merits or lack of merit of the motion to vacate the default, then counsel will have taken appropriate steps to avoid foreseeable prejudice relating to the timing of the motion to withdraw hearing.  But until the Court grants a motion to withdraw, counsel has ethical duties to his client including a duty to give advice on pending motions.