Judge: Steven A. Ellis, Case: 22STCV27793, Date: 2024-03-27 Tentative Ruling

Case Number: 22STCV27793    Hearing Date: March 27, 2024    Dept: 29

Motion to be Relieved as Counsel, filed by Plaintiff’s Counsel Nina Sargsyan.

Tentative

The motion is granted.

Background

On August 25, 2022, Cristina De Jesus (“Plaintiff”) and Kenya Peralta filed a complaint against Antoinette Renee Clark, Picquet J. Honore, and Does 1 to 50 for motor vehicle negligence, general negligence, violation of Vehicle Code 20001(a), and Intentional Infliction of Emotional Distress causes of action arising out of an automobile accident occurring on August 27, 2020.

On February 26, 2024, counsel Nina Sargsyan (“Counsel”) filed this motion to be relieved as counsel as to 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

On February 26, 2024, Counsel filed the motion, declaration and proposed order to be relieved as counsel. Counsel states there has been a breakdown of the attorney-client relationship. (Decl., No. 2.) While Counsel was unable to confirm Plaintiff’s current address, Counsel attempted to discover the address by mailing motion papers, calling client’s last known number, hiring a private investigator to locate Plaintiff on January 31, 2024, and performing a people search/contact letters sent via mail on January 29, 2024.

Counsel lists the upcoming hearings on both the declaration and the proposed order.

The Court finds that Counsel has shown good cause to be relieved as counsel due to the breakdown in the attorney-client relationship. Further, Counsel has taken steps to determine Plaintiff’s address to serve Plaintiff with this motion and its attachments.

As such, the motion is GRANTED.

Conclusion

The motions to be relieved as counsel are GRANTED.

The order is effective upon filing with the Court of a proof of service showing service of the signed order on the client.

Moving counsel to give notice.