Judge: Theresa M. Traber, Case: 23STCV07876, Date: 2023-08-14 Tentative Ruling

Case Number: 23STCV07876    Hearing Date: August 14, 2023    Dept: 47

Tentative Ruling

Judge Theresa M. Traber, Department 47

HEARING DATE:     August 14, 2023                     TRIAL DATE: NOT SET

CASE:                         Norma Aguilar v. Seaside Dining Group, Inc. 

CASE NO.:                 23STCV07876           

MOTION TO BE RELIEVED AS COUNSEL

MOVING PARTY:               Attorney Ramin R. Younessi, counsel for Plaintiff Norma Aguilar

RESPONDING PARTY(S): No response on eCourt as of 8/9/23

CASE HISTORY:

·         04/27/23: Complaint filed.

STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS:

This is an employment discrimination action. Plaintiff alleges that Defendant wrongfully terminated her for requesting accommodations to care for her daughter’s medical needs.

            Plaintiff’s counsel, Ramin R. Younessi, moves the court for an order permitting the attorney to be relieved as attorney of record in this action.

TENTATIVE RULING:

Attorney Ramin R. Younessi’s Motion to Be Relieved as Counsel is GRANTED. This ruling is conditioned on Moving Counsel giving written notice of the Court’s ruling and filing a proof of service to that effect.

DISCUSSION:

            Plaintiff’s counsel, Ramin R. Younessi, moves the court for an order permitting the attorney to be relieved as attorney of record in this action.

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 conversation. (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 not yet set for trial, and the only hearing on calendar in this matter is the Trial Setting Conference set for August 14, 2023 at 9:00 AM. (MC-052 ¶¶ 4(b); 6; see also July 21, 2023 Notice Re: Continuance of Hearing and Order.) Moving Counsel’s declaration states that he is no longer able to represent Plaintiff due to a breakdown in the attorney-client relationship.  (MC-052 ¶ 2.) As trial is not yet set and, indeed, the Complaint has not yet been answered, the Court finds that the risk of prejudice to Plaintiff is low, and that these circumstances warrant withdrawal.

CONCLUSION:

Accordingly, Attorney Ramin R. Younessi’s Motion to Be Relieved as Counsel is GRANTED. This ruling is conditioned on Moving Counsel giving written notice of the Court’s ruling and filing a proof of service to that effect.

            Moving Party to give notice.

IT IS SO ORDERED.

Dated:  August 14, 2023                                 ___________________________________

                                                                                    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.