Judge: Steven A. Ellis, Case: 23STCV10191, Date: 2024-06-25 Tentative Ruling

Case Number: 23STCV10191    Hearing Date: June 25, 2024    Dept: 29

Motion to be Relieved as Counsel, filed by Plaintiff’s Counsel Nineli Sarkissian, Esq.

Tentative

The motion is denied without prejudice.

Background

On May 5, 2023, Donald Williams (“Plaintiff”) filed a complaint against Los Angeles Dodgers, LLC, Dodger Tickets, LLC, Dodger Tickets Manager Corp., LA HoldCo LLC, LA Stadium Partners LLC, LA Real Estate Holding Company, LLC, Blue Landco, LLC, Guggenheim Partners Investment Management, LLC, and Mark Walter for (1) negligence, (2) premises liability, (3) negligent hiring, retention and supervision, (4) negligence infliction of emotional distress, (5) assault, (6) battery, (7) false imprisonment, and (8) intentional infliction of emotional distress causes of action arising out of a physical altercation that took place at Los Angeles Dodger Stadium on July 26, 2022.

On June 23, 2023, Plaintiff filed several amendments to complaint adding Steven Cohen, America Media & Entertainment LLC, MGSL Holdings LLC, LA Reat Estate LLC, Chavez Ravine Company LLC, Dodger Land Company, LLC, and McCourt Chavez Ravie Member LLC as Does 1-7.

On October 9, 2023, Los Angeles Dodgers, LLC filed an answer.

On January 23, 2024, Plaintiff filed several requests for dismissals to dismissal as to Guggenheim Partners Investment Management, LLC, LA Reat Estate LLC, Dodger Tickets Manager Corp., LA HoldCo LLC, Mark Walter, LA Stadium Partners LLC, LA Real Estate Holding Company, LLC, Blue Landco, LLC, and Dodger Tickets, LLC.

On May 29, 2024, Nineli Sarkissian, Esq. of Morgan & Morgan Los Angeles, LLP (“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.  However, no proof of service on Plaintiff has been filed with the Court.

Accordingly, the motion is DENIED.

Conclusion

The motion to be relieved as counsel is DENIED without prejudice for lack of proper service.

Moving counsel to give notice.