Judge: Ronald F. Frank, Case: 23TRCV01801, Date: 2024-10-23 Tentative Ruling

Case Number: 23TRCV01801    Hearing Date: October 23, 2024    Dept: 8

Tentative Ruling

HEARING DATE:                 October 23, 2024

CASE NUMBER:                  23TRCV01801

CASE NAME:                        Daisy Montoya v. Hye Soo Kim, et al.

ATTORNEY NAME:             Jacob O. Partiyeli, Esq., counsels of record for Plaintiff, Daisy Montoya

TRIAL DATE:                        Not Set.

MOTION:                              (1) Motion to be Relieved as Counsel

Tentative Rulings:                  (1) GRANTED. 

I.                    Background  

On June 5, 2023, Plaintiff, Daisy Montoya (“Plaintiff”) filed a complaint against Defendants, Hye Soo Kim, an individual, and DOES 1 through 100. The complaint alleges causes of action for: (1) Violation of California Civil Code § 1942.4; (2) Tortious Breach of the Warranty of Habitability; (3) Private Nuisance; (4) Business & Professions Code § 17200, et seq.; (5) Negligence; (6) Breach of Covenant of Quiet Enjoyment; (7) Intentional Infliction of Emotional Distress; (8) Negligence Per Se; (9) Violation of Consumer Legal Remedies Act, California Civil Code § 1750, et seq.; and (10) Toxic Environmental Mold Tort.

On August 29, 2024, Plaintiff’s attorney, Jacob O. Partiyeli, Esq., (“Partiyeli”) filed a Motion to be Relieved as Counsel for Plaintiff.

Currently, trial has not yet been set.

II.                 Legal Standard & Discussion  

Code of Civil Procedure section 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 attorney, Partiyeli, moves the Court to relieve him as attorney of record for Plaintiff. Partiyeli properly filed a Notice of Motion, Motion to be Relieved as Counsel, Declaration, and Proposed Order in accordance with California Rules of Court, Rule 3.1362. On August 29, 2024, all original forms for the pending motion were served on Plaintiff personally. Further, on August 29, 2024, Partiyeli provided proofs of service that the motion was served on Plaintiff personally. The attorney indicates that he has been able to confirm within the past thirty (30) days that Plaintiff’s address is current via telephone call with the client.

In the declaration, Partiyeli notes that: “There has been a breakdown in client communications, which makes it impossible for [his] firm to proceed with this case and to act in the best interest of Plaintiff. [He further indicates] that [t]he Plaintiff’s behavior prevents [them] from effectively representing her in this matter.”

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 Jacob O. Partiyeli, Esq. as attorney of record for Plaintiff, can be accomplished without undue prejudice to her interests.

III.              Conclusion & Order 

For the foregoing reasons, Jacon O. Partiyeli, Esq.’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.