Judge: Steven A. Ellis, Case: 19STCV34075, Date: 2024-03-15 Tentative Ruling

DEPARTMENT 29 - LAW AND MOTION RULINGS IMPORTANT  (PLEASE SEND YOUR E-MAIL TO DEPT. 29 NOT DEPT. 2)

Communicating with the Court Staff re the Tentative Ruling 1. Please notify the courtroom staff by email not later than 9:30 a.m. on the day of the hearing if you wish to submit on the tentative ruling rather than argue the motion. The email address is SSCDEPT29@lacourt.org. Please do not use any other email address. 2. You must include the other parties on the email by "cc." 3. Include the word "SUBMISSION" in all caps in the Subject line and include your name, contact information, the case number, and the party you represent in the body of the email. If you submit on the tentative and elect not to appear at the hearing, the opposing party may nevertheless appear at the hearing and argue the motions. THE COURT WILL HEAR ARGUMENT UNLESS BOTH SIDES SUBMIT ON THE TENTATIVE.  4. Include the words "SUBMISSION BUT WILL APPEAR" if you submit, but one or both parties will nevertheless appear. 5. For other communications with Court Staff a. OFF-CALENDAR should appear in all caps in the Subject line where all parties have agreed to have a matter placed off-calendar. All counsel should be cc'ed (and where appropriate parties not represented by counsel) and the body of the email should state: (a) name and case number; (b) date of proceeding. b. CASE SETTLED should appear in all caps in the Subject line where all parties have agreed that the case has settled for all purposes. All counsel should be cc'ed (and where appropriate parties not represented by counsel) and the body of the email should state: (a) name and case number; (b) whether notice of settlement/dismissal documents have been filed; (c) if (b) has not been done, a date one year from the date of your email which will be a date set by the court for an OSC for dismissal of the case. c. STIPULATION should appear in all caps in the Subject line where all parties have stipulated that a matter before the court can be postponed. All counsel should be cc'ed (and where appropriate parties not represented by counsel) and the body of the email should state: (a) name and case number; (b) what proceeding is agreed to be postponed e.g. Trial, FSC; (c) the agreed-upon future date; (d) whether all parties waive notice if the Court informs all counsel/parties that the agreed-upon date is satisfactory. This communication should be used only for matters that are agreed to be postponed and not for orders shortening time. 6. PLEASE MAKE SURE THAT ALL COMMUNICATIONS WITH COURT STAFF DEAL ONLY WITH SCHEDULING AND ADMINISTRATIVE MATTERS AND DO NOT DISCUSS THE MERITS OF ANY CASE. (UPDATED 6/17/2020) 
IMPORTANT:  In light of the COVID-19 emergency, the Court encourages all parties to appear remotely.  The capacity in the courtroom is extremely limited.  The Court appreciates the cooperation of counsel and the litigants. 
ALSO NOTE:  If the moving party does not contact the court to submit on the tentative and does not appear (either remotely or in person), the motion will be taken off calendar.  THE TENTATIVE RULING WILL NOT BE THE ORDER OF THE COURT.

Case Number: 19STCV34075    Hearing Date: March 15, 2024    Dept: 29

Motion to be Relieved as Counsel, filed by Plaintiff’s Counsel Timothy R. Vrastil, Bish & Cutting, APC, The Law Offices of Larry H. Parker Inc, Bish Law.

Tentative

The motion is granted.

Background

On September 24, 2019, Plaintiff Shawn Blaine Thomas (“Plaintiff”) filed his complaint against George Zacarias, Ramona Sembrando, Kamo Tsaturyan, and Does 1 through 100, asserting causes of action for strict liability, negligence, and premises liability arising out of an alleged dog bite on February 24, 2019.

On November 12, 2019, Defendant Kamo Tsaturyan filed an answer to the complaint.

On December 5, 2019, the Court entered the default of Defendants George Zacarias and Ramona Sembrando.

On October 7, 2021, Plaintiff amended the complaint to name The Kamo Tzaturyan Revocable Living Trust as Doe 1.

On March 3, 2022, the Court granted the motion for summary judgment of Defendant Kamo Tsaturyan.  Judgment in favor of Kamo Tsaturyan was entered on March 21, 2022.

On March 24, 2022, Plaintiff filed the First Amended Complaint against George Zacarias, Ramona Sembrando, Kamo Tsaturyan, and Does 1 through 100.

There has been little activity since.

On March 22, 2022, the Court continued the trial date to September 18, 2023.  On August 28, 2023, the Court vacated the trial date and set an OSC re failure to obtain entry of default for December 28, 2023.  On December 28, Plaintiff’s counsel appeared and stated that they had lost contact with Plaintiff and needed additional time.  The OSC was continued to March 8, and then to May 9, 2024. 

On February 23, 2024, Timothy R. Vrastil of Bish & Cutting, APC, The Law Offices of Larry H. Parker Inc, Bish Law (“Counsel”) filed this motion to be relieved as counsel.

No opposition has 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(b).) An attorney is permitted to withdraw where conflicts between the attorney and client make it unreasonable to continue the representation. (See Cal. Rules of Prof. Conduct 3-700(C)(1).) “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 3.136(c)), and MC-053 (Proposed Order) (Cal. Rules of Court, rule 3.1362(e)).   

Further, 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 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).) 

Discussion

Counsel has filed the Notice, Declaration, and Order to be Relieved as Counsel. Counsel states there has been a deterioration of the attorney-client relationship. (Decl., No. 2.) All parties have been served with notice of this hearing by mail.

Counsel has confirmed Plaintiff’s address by phone within the past thirty days. Counsel lists OSC re Dismissal for Failure to Enter Default scheduled for March 8, 2024; that was accurate as of the date of filing, but the OSC has since been continued to May 9, 2024.

The Court finds that Counsel has satisfied all substantive and procedural requirements for the requested relief.  The motion is granted, subject to the submission to the Court of an amended order that identifies the next hearing date as May 9, 2024.

Conclusion

The motion to be relieved as counsel is GRANTED.

The order is NOT EFFECTIVE UNTIL: (1) Counsel submits to the Court of a revised proposed order that identifies the next hearing date as May 9, 2024; AND (2) Counsel files a proof of service with the Court showing service of the signed order that identifies the next hearing date as May 9, 2024, on the client.  Until these conditions are met, counsel continues to represent Plaintiff.

Moving counsel to give notice.