Judge: Steven A. Ellis, Case: 23STCV04969, Date: 2024-11-15 Tentative Ruling

Case Number: 23STCV04969    Hearing Date: November 15, 2024    Dept: 29

Harris v. Hubbard
23STCV04969
Motions to be Relieved as Counsel, filed by Plaintiffs’ Counsel Daniel Azizi, Esq. of Downtown LA Law Group

Tentative

The motions are GRANTED.

Background

On March 7, 2023, Brandon Harris and Mackey A Childress (collectively “Plaintiffs”) filed a complaint against Lillis Hubbard, SA Recycling, Irma Ortega, Albert Garcia, John Doe, and Does 1 through 50, asserting causes of action for motor vehicle negligence and general negligence arising out of an alleged automobile accident on March 14, 2021.

No defendant has appeared in this matter.

On October 11, 2024, Daniel Azizi, Esq. of Downtown LA Law Group (“Counsel”) filed these motions to be relieved as counsel for Plaintiffs. 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, subd. (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 seeks to be relieved as Plaintiffs’ attorney of record. Counsel contends there has been a breakdown of the attorney-client relationship. While Counsel did not obtain Plaintiffs’ current address, Counsel took a number of steps to verify the address on file by sending the motion with return receipt requested, calling Plaintiffs at their last known phone number, and conducting a TLO search.

The Court finds Counsel has established good cause to be relieved as attorney record from the breakdown in the attorney-client relationship. The Court notes the proposed orders filed have dates for upcoming hearings that were changed after Counsel filed the motion.

Accordingly, the motions are GRANTED.

Conclusion

The Court GRANTS the motions to be relieved as counsel.

The Court directs the Judicial Assistant to correct the dates in each of the proposed orders.

The orders are effective upon filing with the Court a proof of service showing service of the signed order (not just the minute order) on the clients.

Moving counsel to give notice.