Judge: Steven A. Ellis, Case: 21STCV39973, Date: 2024-05-03 Tentative Ruling

Case Number: 21STCV39973    Hearing Date: May 3, 2024    Dept: 29

Motion to be Relieved as Counsel, filed by Plaintiff’s Counsel Sam Ryan Heidari. 

Tentative

The Court will call this matter.

Background

On October 29, 2021, Oscar Rolando Marroquin (“Plaintiff”) filed a complaint against Ana Alvarado Hernandez (“Defendant”) for negligence cause of action arising out of an automobile accident occurring on October 29, 2019. Defendant has yet to file a responsive pleading in this matter.

On April 5, 2024, Sam Ryan Heidari of Heidari Law Group, P.C. (“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 and served the Notice, Declaration and Order to be Relieved as Counsel.

With one exception, counsel has satisfied the substantive and procedural requirements for the motion to be relieved. 

The one exception is that the Declaration (Form MC-052) is not signed.  The Court will call the matter and request that counsel affirm, under penalty of perjury, the statements in the Declaration.

Conclusion

If the motion is granted, the order will be effective upon filing with the Court of a proof of service showing service of the signed order (not the minute order) on the client.

Moving counsel to give notice.