Judge: Theresa M. Traber, Case: 24STCV28649, Date: 2025-04-21 Tentative Ruling

Case Number: 24STCV28649    Hearing Date: April 21, 2025    Dept: 47

Tentative Ruling

Judge Theresa M. Traber, Department 47

HEARING DATE:     April 21, 2025                        TRIAL DATE: NOT SET

CASE:                         Minnisha Shondrea Johnson v. Ester Shubobenhayim, et al.

CASE NO.:                 24STCV28649           

MOTION TO BE RELIEVED AS COUNSEL

MOVING PARTY:               Attorney Lillian Sedaghat, counsel for Plaintiff.

RESPONDING PARTY(S): No response on eCourt as of 04/16/25

CASE HISTORY:

·         10/31/24: Complaint filed.

STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS:

            This is a personal injury action arising from a motor vehicle accident.

Attorney Lillian Sedaghat moves to be relieved as counsel for Plaintiff.

TENTATIVE RULING:

Attorney Lillian Sedaghat moves to be relieved as counsel for Plaintiff.

Moving counsel filed all three required forms (MC-051, -052, and -053). Moving counsel states that she has been unable to confirm the home addresses of the plaintiff despite mailing the papers to the last known address, return receipt requested and calling the client’s last known telephone numbers. (MC-052 ¶ 3(b).)

In general, an attorney may withdraw with or without cause so 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, trial in this matter is not yet set, and the only other hearing is a Case Management Conference set to coincide with this motion. (See MC-052 ¶¶ 4-6.) The risk of prejudice to Plaintiff is therefore low. Moving Counsel states that withdrawal is necessary because there has been an irreparable breakdown of the attorney-client relationship that makes continuing representation impossible. (MC-052 ¶ 2.) In light of the low risk of prejudice to the Plaintiff at this juncture, the Court finds that Moving Counsel has demonstrated good cause for withdrawal.

Accordingly, Attorney Lillian Sedaghat’s Motion to be Relieved as Counsel for Plaintiff is GRANTED.

This ruling is conditioned on Moving Counsel giving notice to all parties and filing proof of service with the Court.

The Case Management Conference is continued to June 30, 2025 at 8:30 a.m.

IT IS SO ORDERED.

Dated:  April 21, 2025                                    ___________________________________

                                                                                    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.