Judge: Theresa M. Traber, Case: 20STCV26083, Date: 2022-10-13 Tentative Ruling

Case Number: 20STCV26083    Hearing Date: October 13, 2022    Dept: 47

Tentative Ruling

Judge Theresa M. Traber, Department 47

HEARING DATE:     October 13, 2022                   TRIAL DATE: December 20, 2022 

CASE:                         Michael Omidi, MD v. Jane Doe, et al 

CASE NO.:                 20STCV26083

MOTION TO BE RELIEVED AS COUNSEL

MOVING PARTY:               William Welden, Counsel for Plaintiff

RESPONDING PARTY(S): No opposition on eCourt as of October 11, 2022.

CASE HISTORY:

·         07/10/20: Complaint filed. 

·         03/23/21: Zoya Tava aka Razieh Tavakoli substituted in as Doe No. 1.

STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS:

This is a defamation action.  Plaintiff alleges that Defendant “Jessica D.” gave him an inaccurate and inappropriate Yelp review. Plaintiff also alleges that “defendants” published the review and that the Doe Defendants are all legally responsible for the events and happenings described in the Complaint.

Attorney William Welden, Counsel for Plaintiff, moves to be relieved as counsel.  

TENTATIVE RULING:

Attorney William Welden’s motion to be relieved as counsel is GRANTED.

DISCUSSION:

Attorney William Welden moves to be relieved as counsel for Plaintiff Michael Omidi.

Moving counsel filed all three required forms (MC-051, -052, and -053) and included a proof of service as required by California Rules of Court rule 3.1362(d).  Moving counsel’s declaration states that he served Plaintiff by mail and confirmed the address is current by telephone. (MC-052 ¶ 3.)

In general, an attorney may withdraw with or without cause as long as the withdrawal would not result in undue prejudice to the client’s interest – i.e., counsel cannot withdraw at a critical point in the litigation, because that would prejudice client, but can withdraw otherwise. (Ramirez v. Sturdevant (1994) 21 Cal. App. 4th 904, 915.) The court has discretion to deny an attorney’s request to withdraw where the withdrawal would work an injustice or cause undue delay in the proceeding, but the court’s discretion in this area is one to be exercised reasonably. (Mandell v. Superior Court (1977) 67 Cal.App.3d 1, 4.)   

Here, the matter is set for trial on December 19, 2022, (MC-052 ¶ 5.) The only other outstanding hearings in this matter is a final status conference set for December 6, 2022. (MC-052 ¶¶ 4.) The risk of prejudice to Plaintiff is therefore high due to the proximity of trial. Moving Counsel’s declaration states that, while he is withdrawing due to financial needs and physical infirmities, Plaintiff will continue to be represented by Plaintiff’s personal counsel, Maureen Jaroscak. (MC-052 Attach.) These facts, and the steps taken to mitigate the risk of prejudice to Plaintiff, are sufficient to warrant withdrawal.

Accordingly, the motion to be relieved as counsel is GRANTED.

            Moving Party to give notice.

IT IS SO ORDERED.

Dated:   October 13, 2022                               ___________________________________

                                                                                    Theresa M. Traber

                                                                                    Judge of the Superior Court

            Any party may submit on the tentative ruling by contacting the courtroom via email at Smcdept47@lacourt.org by no later than 4:00 p.m. the day before the hearing.  All interested parties must be copied on the email.  It should be noted that if you submit on a tentative ruling the court will still conduct a hearing if any party appears. By submitting on the tentative you have, in essence, waived your right to be present at the hearing, and you should be aware that the court may not adopt the tentative, and may issue an order which modifies the tentative ruling in whole or in part.