Judge: Ronald F. Frank, Case: 23TRCV02990, Date: 2024-03-06 Tentative Ruling

Case Number: 23TRCV02990    Hearing Date: March 6, 2024    Dept: 8

Tentative Ruling¿¿ 

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HEARING DATE:                 March 6, 2024

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CASE NUMBER:                   23TRCV02990

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CASE NAME:                        Mohameduvesh Patel v. Stephanie Hernandez Hijar, et al.

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ATTORNEY NAME:             Plaintiff, Mohameduvesh Patel’s, attorney, Astghik Ghevondyan, Esq.

TRIAL DATE:                       Not 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. But the Court needs last contact information for the Plaintiff

I.                Background  

On September 11, 2023, Plaintiff, Mohameduvesh Patel (“Plaintiff”) filed a Complaint against Defendants, Stephanie Hernandez Hijar, Irma Hijar Martinez, and DOES 1 through 50. The Complaint alleges causes of action for: (1) Motor Vehicle Negligence; and (2) General Negligence.

On February 5, 2024, Plaintiff, Mohameduvesh Patel’s counsel of record, Astghik Ghevondyan, Esq. (“Ghevondyan”) filed a Motion to be Relieved as Counsel.

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, Ghevondyan, moves the Court to relieve her as attorney of record for Plaintiff. Ghevondyan 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.  Per the moving papers, on February 5, 2024, all forms for the pending motion were served on Plaintiff by mail. Ghevondyan notes that Plaintiff’s last known address has been confirmed by telephone. Further, on February 5, 2024, proof of service for said documents were filed with the Court. 

In the declaration Ghevondyan notes that she is making this motion based upon the grounds that her contact with the client has been lost.

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 Astghik Ghevondyan as attorney of record for Plaintiff, Mohameduvesh Patel can be accomplished without undue prejudice to their interests. But the Court needs last contact information for the Plaintiff herself so defense counsel and the Court can communicate with Plaintiff going forward.

III.            Conclusion & Order 

For the foregoing reasons, Astghik Ghevondyan’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.