Judge: Steven A. Ellis, Case: 21STCV46360, Date: 2024-05-28 Tentative Ruling

Case Number: 21STCV46360    Hearing Date: May 28, 2024    Dept: 29

Motion to be Relieved as Counsel, filed by Plaintiff’s Counsel Elina Shakhbazyan of Downtown LA Law Group.

Tentative

The motion is denied without prejudice, unless counsel submits a revised proposed order at or before the hearing.

Background

On December 20, 2021, Rickey Ball (“Plaintiff”) filed a complaint against Maria De Lourdes Medrano Bernadino, Francisco Estrada Perez, and Does 1 to 50 for motor vehicle negligence and general negligence causes of action arising out of an automobile accident occurring on January 5, 2020.

On September 6, 2023,  Maria De Lourdes Medrano Bernadino and Francisco Estrada Perez filed an answer.

On April 18, 2024, Elina Shakhbazyan of Downtown LA Law Group (“Counsel”) filed motions to be relieved as counsel for Plaintiff. 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. On the Declaration, Counsel states there has been a breakdown in of the attorney-client relationship. Counsel served Plaintiff by mail and electronic mail at Plaintiff’s last known email address. Counsel further attempted to confirm the Plaintiff’s current address by mailing the motion papers to the last known address with return receipt requested, called Plaintiff’s last known telephone number, sent Plaintiff contact letters, left voicemails and ran a TLO search.

The Order includes all future hearing dates.

The Court finds Counsel has established good cause to be relieved due to the breakdown of the attorney-client relationship.  All substantive requirements are satisfied, and with one exception all procedural requirements are satisfied.

The one exception is that item 6 of the proposed Order is blank.  The Court cannot grant the motion with an incomplete order.

Conclusion

The motion to be relieved as counsel is DENIED without prejudice, unless a new proposed order is submitted at or before the hearing.

Any order granting a request to be relieved is effective upon the filing with the Court of a proof of service showing service of the signed order on Plaintiff.

Moving counsel to give notice.