Judge: Steven A. Ellis, Case: 23STCV02698, Date: 2024-01-16 Tentative Ruling

Case Number: 23STCV02698    Hearing Date: February 14, 2024    Dept: 29

Motion to be Relieved as Counsel, filed by Plaintiff’s Counsel Houman Sayaghi and Antonia Holguin.

Tentative

The motion is granted.

Background

On February 7, 2023, Diana Ofunwa (“Plaintiff”) filed a complaint relating to a motor vehicle accident on February 26, 2021, involving Defendants Nargis Dada, Iqbal Ahmed Dada, and Does 1 through 25.

On January 22, 2023, West Coast Trial Lawyers, APLC, specifically, Houman Sayaghi, filed a motion 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, along with proof of service of each as to Defendant and client. Counsel states there has been a breakdown in the communication between Plaintiff and counsel that it has blocked counsel from effectively representing Plaintiff.

Counsel has served the client by mail, and verified this address within the past 30 days by a TransUnion TLOxp Search.

Counsel’s list of hearings on the Declaration and Order was correct when the documents were filed, but are now incorrect as to the hearings for motions to compel further as well as an added informal discovery conference.

Trial is set for August 6, 2024, a little less than six months from this hearing.

Accordingly, the Court finds counsel has established good cause to be relieved. The motion is GRANTED, subject to the correction to list the new hearing dates on the proposed order.

Conclusion

The motion to be relieved as counsel is GRANTED.

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

Moving counsel to give notice.