SUPERIOR COURT OF CALIFORNIA 

COUNTY OF LOS ANGELES – NORTHEAST DISTRICT 

DEPARTMENT V 

 

 

 

MOVING PARTIES: Ryan G. Block, Esq. and Maxwell R.. Meyering, Esq. 

 

RESPONDING PARTY: None. 

Motion to be Relieved As Counsel  

The court considered the moving papers filed in connection with this motion.  

 

BACKGROUND 

On January 25, 2023, Plaintiffs Magdalena Prvinic, John Sloatman III, Bronson Clay, Brody Clay, Zenden Clay, and Jet Sloatman filed this operative First Amended Complaint (“FAC”) against Defendants Last Property Management, LLC; Babak Shokrian; Juan Rubio; and DOES 1 to 20, inclusive, alleging causes of action for: (1) Breach of Contract; (2) Breach of the Implied Covenant of Good Faith and Fair Dealing; (3) Private Nuisance; (4) Violation of the Covenant of Quiet Enjoyment and Habitability (Civil Code §§ 1927, 1941.1); (5) Intentional Infliction of Emotional Distress; (6) Breach of Fiduciary Duty; and (7) Retaliatory Eviction (Civil Code § 1942.5). The FAC alleges Defendants failed to repair leaks and remove water and mold from the subject property that Plaintiff was renting.  

On December 12, 2023, Ryan Block, Esq. and Maxwell R. Meyering, Esq., counsel for Defendants filed these instant Motions to be Relieved As Counsel. The oppositions were due February 20, 2024, none have been filed.  

 

LEGAL STANDARD 

The court may order that an attorney be changed or substituted at any time before or after judgment or final determination upon request by either client or attorney and after notice from one to the other. (Code of Civ. Proc., § 284(2).) “The determination whether to grant or deny a motion to withdraw as counsel lies within the sound discretion of the trial court.” (Manfredi & Levine v. Superior Court (1998) 66 Cal.App.4th 1128, 1133.)¿¿ 

An application to be relieved as counsel must be made on Judicial Counsel Form MC-051 (Notice of Motion and Motion) (Cal. Rules of Court, rule 3.1362(a)), MC-052 (Declaration) (Cal. Rules of Court, rule 3.1362(c)), and MC-053 (Proposed Order) (Cal. Rules of Court, rule 3.1362(e)). The proposed order must specify all hearing dates scheduled in the action or proceeding, including the date of trial, if known. (Cal. Rules of Court, rule 3.1362(e).)  The requisite forms must be served on the client and all other parties who have appeared in the case. (Cal. Rules of Court, rule 3.1362(d).) The court may delay the effective date of the order relieving counsel until proof of service of a copy of the signed order on the client has been filed with the court. (Cal. Rules of Court, rule 3.1362(e).) A motion to withdraw will not be granted where withdrawal would prejudice the client. (Ramirez v. Sturdevant (1994) 21 Cal.App.4th 904, 915.)¿ 

 

DISCUSSION 

Attorneys Ryan Block, Esq. and Maxwell R. Meyering, Esq. (“Block LLP”) move for an order permitting they be relieved as attorney of record for Defendants Last Property Management, LLC, Babak Shokrian, and Juan Rubio (“Defendants”) in this action or proceeding. Block LLP declares the attorney-client relationship has irrevocably broken down so as to not allow Block LLP to effectively prosecute the above matter. Block LLP further declares the breakdown of the attorney-client relationship is related to the issue of payment of attorneys’ fees. Block LLP states any further evidence may be subject to the attorney-client privilege and will be disclosed, if necessary, in camera.  

Block LLP has stated a valid basis to be relieved as counsel. Furthermore, the MC-051 Form indicates this present motion was served on all parties that have appeared in this case. Additionally, Block LLP avers that Defendants were served this instant motion and supporting documents via mail at their last known address, confirmed within the past 30 days as current by telephone.  However, the MC-053 Form does not specify all hearing dates scheduled in this action or proceeding as required under California Rules of Court, rule 3.1362, subdivision (e).  

Based on the foregoing, the court CONTINUES Ryan Block, Esq. and Maxwell R. Meyering, Esq.’s Motions to be Relieved As Counsel to March 21, 2024 at 8:30 a.m. to allow Counsels time to submit an updated proposed order (MC-053 Form) in compliance with California Rules of Court, rule 3.1362, subdivision (e).  

 

Moving party is ordered to give notice of this ruling. 

IT IS SO ORDERED. 

 

DATED:  ¿March 1, 2024¿