Judge: Steven A. Ellis, Case: 23STCV09764, Date: 2024-06-25 Tentative Ruling

Case Number: 23STCV09764    Hearing Date: June 25, 2024    Dept: 29

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

Tentative

The motion is granted.

Background

On May 2, 2023, Marco Posadas Orozco (“Plaintiff”) filed a complaint against Anthony Garcia and Laura Gutierrez for motor vehicle negligence and general negligence causes of action arising out of an automobile accident occurring on May 14, 2021. Defendants have yet to appear in this matter and no proof of service of summons and complaint has been filed with the Court.

On May 30, 2024, Nina Sargsyan, Esq. of Downtown LA Law Group (“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.  Counsel contends there has been a breakdown in the attorney-client relationship. Counsel has served Plaintiff at the last known address and attempted to confirm this address by mailing the motion papers with return receipt requested, calling Plaintiff’s last known telephone number, contacting Plaintiff’s emergency contact, and conducting a people search. Defendants have yet to appear in this matter, and as such, were not served with notice of this motion.

The Court finds there is good cause for counsel to be relieved of representation based on the breakdown of the attorney-client relationship. Further, there is sufficient time for Plaintiff to find alternative representation or appear in pro per in this matter before the October 29, 2024 trial date.

Accordingly, the motion is GRANTED.

Conclusion

The motion to be relieved as counsel is GRANTED.

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

Moving counsel to give notice.