Judge: Steven A. Ellis, Case: 22STCV29833, Date: 2024-03-15 Tentative Ruling

Case Number: 22STCV29833    Hearing Date: March 15, 2024    Dept: 29

Motion to be Relieved as Counsel, filed by Plaintiff’s Counsel Elina Shakhbazyan

Tentative

The motion is denied without prejudice.

Background

On September 13, 2022, Sheridan Sheree Bood (“Plaintiff”) filed a complaint against Nina Brown, and Does 1 through 50 asserting causes of action for general negligence and premises liability arising from an alleged dog bite on September 24, 2020.

There has been no appearance by any defendant, and no proof of service has been filed.

On February 22, 2024, Elina Shakhbazyan (“Counsel”) filed this motion to be relieved as counsel.  There is no opposition in the file.

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. Counsel states there has been a breakdown in communication between counsel and the client. (Decl., No. 2.)

Counsel has provided proof of service for the motion.  Counsel has not, however, filed a proof of service for the declaration or the order.

Accordingly, the motion is DENIED without prejudice.

Conclusion

The motion to be relieved as counsel is DENIED without prejudice.