Judge: Steven A. Ellis, Case: 23STCV07306, Date: 2024-07-31 Tentative Ruling

Case Number: 23STCV07306    Hearing Date: July 31, 2024    Dept: 29

Motion to be Relieved as Counsel, filed by Plaintiff’s Counsel Armin Abazari, Esq. and Law Offices of Sharona Eslamboly Hakim.

Tentative

The motion is continued.

Background

On April 3, 2024, Marvin Sanders (“Plaintiff”) filed a complaint against Los Angeles County Metropolitan Transportation Authority (“Defendant”) for general negligence and motor vehicle negligence causes of action arising out of an incident where Plaintiff’s wheelchair was flipped when exiting a bus.

On December 12, 2023, Defendant filed an answer.

On June 6, 2024, Armin Abazari, Esq. and Law Offices of Sharona Eslamboly Hakim (“Counsel”) filed this 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 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 for Plaintiff. However, the notice of motion is for Dept. 31 at 8:30 a.m. This motion was filed on June 6, 2024, however, this matter was transferred to Dept. 29 on June 24. Counsel filed an updated notice of motion for the new department and time, Dept. 29 at 1:30 p.m. on July 29, 2024. This notice of motion being served on Plaintiff by mail two days before the hearing likely would not provide sufficient notice of the hearing.

Accordingly, the motion is CONTINUED so that counsel can provide proper notice of the department in which the motion will be heard.

Conclusion

The motion to be relieved as counsel is CONTINUED for approximately 21 days.

Moving counsel to give notice.