Judge: Steven A. Ellis, Case: 22STCV12996, Date: 2023-08-22 Tentative Ruling

Case Number: 22STCV12996    Hearing Date: September 21, 2023    Dept: 29

TENTATIVE

The motion is granted 

Background¿ 

Plaintiff Maikel Mehdizadeh (“Plaintiff”) initiated this premise liability action against Defendants Mahesh Shahdadpuri, Payal Shahdadpuri, and Raymond Dominguez, arising from an incident that occurred on August 19, 2020.

On July 21, 2023, Plaintiff’s counsel Gabriel Araj of the Simon Law Group, LLP (“Counsel”) filed this instant 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 seek 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 

This matter was originally heard on August 22, 2023, where the Court continued it for approximately 30 days for Counsel to serve Plaintiff at a confirmed current address and file proof thereof.  On September 7, 2023, Counsel filed proof of personal delivery of the moving papers on Plaintiff.  As the Court previously found that Counsel identified a sufficient ground for the motion and filed the required forms pursuant to California Rules of Court, rule 3.1362, the unopposed motion is granted. 

Conclusion 

The motion to be relieved as counsel is GRANTED.  The ruling is effective upon filing proof of service of the final order on Plaintiff. 

Moving party is ordered to give notice.