Judge: Ronald F. Frank, Case: 22TRCV00128, Date: 2023-01-18 Tentative Ruling
Case Number: 22TRCV00128 Hearing Date: January 18, 2023 Dept: 8
Tentative Ruling¿¿
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HEARING DATE: January 18, 2023
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CASE NUMBER: 22TRCV00128
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CASE NAME: Shamar Jackson v. Dasho II, LLC
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TRIAL DATE: None Set.¿
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MOTION:¿ (1) Motion to be Relieved as
Counsel
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Tentative Rulings: (1) Motion to be Relieved as
Counsel is GRANTED.
I.
Background
Plaintiff
filed his original Complaint on February 18, 2022 and listed Dasho II, LLC as a
Defendant and a subject property located at 8525 S Sepulveda Blvd., Los
Angeles, CA 90045. Defendants Susana Kechedzian and Trendsetters Plus Inc. have
no relation to Dasho II, LLC or to the aforementioned subject property.
Defendants assert that this confusion began as a result of this mistake made by
the Plaintiff himself. Plaintiff has since filed a First Amended Complaint on
June 14, 2022. The FAC removed Dasho II, LLC and added the current Defendants
Susanna Kechedzian and Trendsetters Plus, Inc.
On December 22, 2022, Plaintiff’s counsel, Peter Shahriari
and Law Office of Hakimi & Shahriari (“Shahriari”), filed the instant
Motion to be Relieved as Counsel for Plaintiff (“Motion”). No opposition
was filed.
Trial is not yet set.
II.
Legal Standard & Discussion
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, Shahriari
moves the Court to relieve him as attorney of record
for Plaintiff. Shahriari properly filed a
Notice of Motion, Motion to be Relieved as Counsel, Declaration, and Proposed
Order in accordance with Cal. Rules of Court 3.1362. On December 22,
2022, all forms for the pending motion were served on Plaintiff and Defendants
by mail. On December 22, 2022, proof of service for said documents was
filed with the Court.
In his declaration he states that
“the client did not voluntarily consent to counsel’s request to be relieved and
there has been an irretrievable breakdown in the attorney-client relationship.”
Since Plaintiff’s counsel 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 Shahriari as attorney of record for Plaintiff can be accomplished
without undue prejudice to the Plaintiff’s interests.
III.
Conclusion & Order
For the foregoing reasons, Shahriari’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.