Judge: Steven A. Ellis, Case: 23STCV21019, Date: 2025-03-14 Tentative Ruling

Case Number: 23STCV21019    Hearing Date: March 14, 2025    Dept: 29

Johnson v. Guardado
23STCV21019

TENTATIVE

The motion to be relieved as counsel for Plaintiff is granted, on the condition that counsel submit a corrected proposed order to the Court.

Background

On August 31, 2023, Brian Johnson (“Plaintiff”) filed a complaint against Dennis Yolalmo Guardado and Mauricio Mendez Merino for negligence, arising out of an automobile accident occurring on September 3, 2021.

On February 11, 2025, Hesam Yazdanpanah (“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

Plaintiff’s counsel has submitted all of the mandatory judicial council forms (i.e., MC-051, MC-052, and MC-053). All substantive and procedural requirements are satisfied.  Good cause has been shown for the relief requested.

The Court notes that, after the motion was filed, the Court vacated the trial date and set a Trial Setting Conference for May 9, 2025. 

The Court grants the motion on the condition that counsel submit a revised proposed order (MC-053) to the Court, with Items 7a, 7b, 8, and 9 corrected.

Conclusion

The motion to be relieved as counsel for Plaintiff is granted, on the condition that counsel submit a corrected proposed order to the Court.

The order is effective upon the filing of a proof of service showing service of the signed order (not merely the minute order) on the client at the client’s last known address.

Moving party is ordered to give notice.