Judge: Sarah J. Heidel, Case: 24NNCV01639, Date: 2024-12-04 Tentative Ruling

Case Number: 24NNCV01639    Hearing Date: December 4, 2024    Dept: V

SUPERIOR COURT OF CALIFORNIA

COUNTY OF LOS ANGELES – NORTHEAST DISTRICT

DEPARTMENT V

SUMAKU H. ALI,

Plaintiff,

vs.

FIRSTGROUP AMERICA, INC. AND DOES 1 TO 50, inclusive,

Defendants.

Case No.: 24NNCV01639

Hearing Date: December 4, 2024

Time: 8:30 a.m.

[TENTATIVE] ORDER RE: MOTION TO BE RELIEVED AS COUNSEL

MOVING PARTY: Counsel for plaintiff SUMAKU H. ALI, Nina Minassian from Dordulian Law Group

RESPONDING PARTY: Unopposed

The court considered the moving papers.

BACKGROUND

Plaintiff Sumaku H. Ali (plaintiff) alleges that she was injured when the doors of a bus operated by defendants closed on her. Plaintiff filed the complaint against defendant FirstGroup America, Inc. (defendant) on May 15, 2024, alleging general negligence.

Plaintiff’s counsel Nina Minassian (Ms. Minassian) from Dordulian Law Group filed the instant motion on November 4, 2024. No opposition has been received.

LEGAL STANDARD

Code of Civil Procedure section 284(1) allows for a change or substitution of attorney “[u]pon the consent of both client and attorney, filed with the clerk, or entered upon the minutes.” If both parties do not consent to a substitution of attorney, Code of Civil Procedure section 284(2) allows for a substitution “[u]pon the order of the court, upon the application of either client or attorney, after notice from one to the other.” California Rules of Court Rule 3.1362 sets forth procedures for relieving counsel without the mutual consent of both parties.

Under California Rules of Court Rule 3.1362, an attorney seeking to withdraw by motion rather than by consent of the client, as here, is required to make that motion using approved Judicial Council forms. The motion also requires a declaration stating “in general terms, and without compromising the confidentiality of the attorney-client relationship why a motion under Code of Civil Procedure section 284(2) is brought instead of filing a consent under Code of Civil Procedure section 284(1).” (Cal. Rules of Ct., Rule 3.1362(c).) Judicial Council form MC-052, the attorney’s declaration, requires that the client be provided no less than five days’ notice before hearing on the motion. A proposed order prepared on form MC-053 must also be lodged with the court with the moving papers.

California Rules of Court Rule 3.1362(d) also requires that the motion, notice of motion, the declaration, and the proposed order must be served on the client and all other parties who have appeared in the case.

DISCUSSION

Ms. Minassian moves to be relieved as counsel of record for plaintiff Sumaku H. Ali. Ms. Minassian brings this motion under Code of Civil Procedure section 284(2) on the grounds that there has been an irreconcilable breakdown of the attorney-client relationship. She states that she cannot continue to represent plaintiff in the manner in which plaintiff wishes. Ms. Minassian offers additional information to the court during an in camera hearing. She states that she has been unsuccessful in seeking a substitution of attorney.

Ms. Minassian attests that she served plaintiff by mail at plaintiff's last known address and that she confirmed by conversation within the past 30 days. The proof of service shows plaintiff was served on November 4, 2024. The notice was sufficient.

On January 28, 2025, the court will hold a Case Management Conference, and an OSC hearing re: order striking defendant’s answer and/or imposing monetary sanctions. No trial date has been set.

Based on the foregoing, the court GRANTS the motion to be relieved as counsel.