Judge: Ronald F. Frank, Case: 24TRCV00049, Date: 2024-06-25 Tentative Ruling

Case Number: 24TRCV00049    Hearing Date: June 25, 2024    Dept: 8

Tentative Ruling¿¿ 

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HEARING DATE:                 June 25, 2024

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CASE NUMBER:                  24TRCV00049

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CASE NAME:                        Michael Shapiro v. United Parcel Service, Inc., et al.

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ATTORNEY NAME:             Plaintiff, Michael Shapiro’s, attorney, Evan Ghaffari, Esq.

TRIAL DATE:                        Not Set.

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MOTION:¿                              (1) Motion to be Relieved as Counsel

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Tentative Rulings:                  (1) GRANTED. 

I.                    Background  

On January 4, 2024, Plaintiff, Michael Shapiro (“Plaintiff”) filed a Complaint against Defendant, United Parcel Service, Inc., and DOES 1 through 50. The Complaint alleges causes of action for: (1) Motor Vehicle Negligence; and (2) General Negligence.  UPS field an Answer on February 14, 2024, and the first CMC is not set until July 31, 2024. 

On May 23, 2024, Plaintiff, Michael Shapiro’s attorney, Evan Ghaffari, Esq. (“Ghaffari”) 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, Michael Shapiro’s counsel, Ghaffari, moves the Court to relieve him as attorney of record for Plaintiff. Ghaffari 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 May 23, 2024, all forms for the pending motion were served on Michael Shapiro by mail. Further, Ghaffari notes that Michael Shapiro’s last known address has been confirmed within the past 30 days via telephone. Further, on May 23, 2024, proof of service for said documents were filed with the Court.

In the declaration Ghaffari notes that he and the client have communicative differences that cannot be resolved.  

Since Plaintiff, Michael Shapiro’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 Evan Ghaffari as attorney of record for Plaintiff, Michael Shapiro can be accomplished without undue prejudice to his interests.

III.              Conclusion & Order 

For the foregoing reasons, Evan Ghaffari’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.