Judge: Upinder S. Kalra, Case: 21STCV13400, Date: 2022-10-05 Tentative Ruling

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Case Number: 21STCV13400    Hearing Date: October 5, 2022    Dept: 51

Tentative Ruling

Judge Upinder S. Kalra, Department 51

HEARING DATE:   October 5, 2022                                             

CASE NAME:            JMRF Estate LLC, v. Nellie Ohanian

CASE NO.:                21STCV13400

DEFENDANT’S COUNSEL’S MOTION TO BE RELIEVED AS COUNSEL

MOVING PARTY:   Defendant Nellie Ohanian

RESPONDING PARTY(S): None as of September 30, 2022.

REQUESTED RELIEF:

1.      An order Granting Attorney’s Motion to be Relieved as Counsel

TENTATIVE RULING:

Motion to be Relieved as Counsel is GRANTED.

STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS:

Plaintiff JMRF Estate, LLC (“Plaintiff”) filed a complaint against Defendant Nellie Ohanian (“Defendant”). The complaint was for quiet title. Plaintiff alleges that Defendant fraudulently transferred title to the Subject Property to herself, and later assigned all interest to four irrevocable trusts.

Defendant Ohanian filed an Answer on August 27, 2021.

Defendant’s counsel, Steven Martin, filed the current Motion on June 22, 2022. No Opposition has been filed as of July 14, 2022.

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, subd. (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 3.1362(a)), MC-052 (Declaration) (Cal. Rules of Court 3.1362(c)), and MC-053 (Proposed Order) (Cal. Rules of Court 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 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 3.1362(e).) 

ANALYSIS:

Steven L. Martin moves to withdraw as counsel as to Defendant Nellie Ohanian. In his Declaration, Mr. Martin indicates that he was retained by Defendant Ohanian in July 23, 2022 and served an Answer on August 27, 2021. (This is a typographical error as the Answer was filed in 2021). Ms. Ohanian was admitted to the hospital in September 2021 due to a serious liver disease, and later passed away in December 2021. Mr. Martin indicates that while he spoke with the Decedent’s sons, which he cannot discuss at this time, he is unable to represent them.

On July 20, 2022, this Court ordered Mr. Martin to file a certified death certificate, serve representative with legal authority for decedent, and provide another form MC-052.

On August 4, 2022, Mr. Martin filed an amended declaration. Attached as Exhibit A is the certified death certificate of Defendant Nellie Ohanian. Mr. Martin also states in the Declaration that these documents have been sent to Albert Ohanian, whose address was confirmed over the internet. Davit Ohanian’s address was unable to be located.

Conclusion

For the foregoing reasons, the Court decides the pending motion as follows:

Motion to be Relieved as Counsel is GRANTED.  

Moving party to give notice.

IT IS SO ORDERED.

Dated:             October 5, 2022                                  ___________________________________

                                                                                    Upinder S. Kalra

                                                                                    Judge of the Superior Court