Judge: Steven A. Ellis, Case: 23STCV29620, Date: 2024-02-26 Tentative Ruling

Case Number: 23STCV29620    Hearing Date: February 26, 2024    Dept: 29

Motion to be Relieved as Counsel, filed by Plaintiff’s Counsel Ramin Ray Younessi.

Tentative

The motion is granted.

Background

On December 4, 2023, Plaintiff Arturo Garcia filed his complaint against Doe defendants for negligence arising from  an automobile accident occurring on December 4, 2021.

On January 29, 2024, Ramin Ray Younessi filed this motion to be relieved as counsel for Plaintiff.

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 satisfied all applicable substantive and procedural requirements.  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 of the signed order on Plaintiff.

Moving counsel to give notice.