Judge: Steven A. Ellis, Case: 21STCV04291, Date: 2024-12-13 Tentative Ruling

Case Number: 21STCV04291    Hearing Date: December 13, 2024    Dept: 29

Adauta v. Redlus
21STCV04291
Motion to be Relieved as Counsel, filed by Plaintiff’s Counsel Hesam Yazdanpanah.

Tentative

The motion is granted.

Background

On February 3, 2021, Fatima Adauta and Maria Serafin (“Plaintiff”) filed a complaint against David Redlus and Deanna Redlus (collectively "Defendants”) filed a negligence cause of action arising out of an automobile accident occurring on February 22, 2019.

On January 11, 2023, default was entered against Defendants. Defendants filed their answer on March 17, 2023. On April 24, 2023, a stipulation was filed setting aside default against Defendants.

Trial is set for March 19, 2025.

On November 13, 2024, Hesam Yazdahpanah (“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 for Plaintiff. Counsel  has timely served this motion on Plaintiff and Defendant in this matter.

Counsel states there is no communication between Counsel and Plaintiff as Plaintiff has become unresponsive. Counsel could not verify Plaintiff’s current address but did take several steps to confirm the address including sending the motion papers by mail with return receipt requested, calling Plaintiff’s last known telephone number, and conducting a skip trace using Plaintiff’s last known address, driver’s license, and date of birth.

The Court finds Counsel has established good cause to be relieved as counsel of record.

While this motion was pending, the Court continued the Final Status Conference and Trial dates.  As a result, the dates listed on the proposed order are no longer correct.

Accordingly, the Judicial Assistant is directed to correct the dates on the proposed order and, with that revision, the motion is GRANTED.

Conclusion

The Court GRANTS the motion to be relieved as counsel.

The Court DIRECTS the Judicial Assistant to correct the dates of the Final Status Conference and Trial on the proposed order.

With those corrections, the Court APPROVES the proposed order.

The order is effective upon filing with the Court a proof of service showing service of the signed order (not just the minute order) on the clients.

Moving counsel to give notice.