Judge: William A. Crowfoot, Case: 21STCV24561, Date: 2022-07-25 Tentative Ruling
Case Number: 21STCV24561 Hearing Date: July 25, 2022 Dept: 27
SUPERIOR COURT OF THE STATE OF CALIFORNIA
FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT
|
Plaintiff(s), vs.
BERTHA MEZA,
Defendant(s), |
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[TENTATIVE] ORDER RE: MOTION TO BE RELIEVED AS COUNSEL
Dept. 27 1:30 p.m. July 25, 2022 |
I. INTRODUCTION
On May 26, 2022, Plaintiff’s counsel, Farbod Youmtobian, filed a Motion to be Relieved as Counsel. On June 23, 2022, the Court continued the Hearing on Motion to be Relieved as Counsel was continued to July 25, 2022, to allow counsel to file revised order listing all the scheduled hearing in this matter. On July 13, 2022, Plaintiff’s counsel filed a Proposed Order (MC-053).
II. LEGAL STANDARDS
California Rule of Court rule 3.1362 (Motion to Be Relieved as Counsel) requires (1) notice of motion and motion to be directed to the client (made on the Notice of Motion and Motion to be Relieved as Counsel—Civil form (MC-051)); (2) a declaration stating in general terms and without compromising the confidentiality of the attorney-client relationship why a motion under Code of Civil Procedure section 284(2) is brought instead of filing a consent under Code of Civil Procedure section 284(1) (made on the Declaration in Support of Attorney's Motion to Be Relieved as Counsel—Civil form (MC-052)); (3) service of the notice of motion and motion and declaration on all other parties who have appeared in the case; and (4) the proposed order relieving counsel (prepared on the Order Granting Attorney's Motion to Be Relieved as Counsel—Civil form (MC-053)).
The court has discretion to allow an attorney to withdraw, and such a motion should be granted provided that there is no prejudice to the client, and it does not disrupt the orderly process of justice. (See Ramirez v. Sturdevant (1994) 21 Cal.App.4th 904, 915.)
III. DISCUSSION
Farbod Youmtobian, attorney of record for Plaintiff, seeks to be relieved on grounds there are irreconcilable differences regarding further handling of this action. Absent a showing of resulting prejudice, an attorney’s request for withdrawal should be granted. (People v. Prince (1968) 268 Cal.App.2d 398, 406.) Counsel has filed a sufficient proposed order (MC-053) listing all additional hearings and other proceedings that are set in this action. Counsel’s Motion complies with California Rules of Court, Rule 3.1362.
The Court notes that the trial in this matter is currently set for December 30, 2022, and no prejudice will result from granting this motion. Accordingly, this unopposed motion to be relieved is GRANTED and effective upon filing a proof of service showing service of this Order on Plaintiff and all parties who have appeared.
IV. CONCLUSION
The Motion to be Relieved as Counsel is GRANTED.
Moving party to give notice.
Parties who intend to submit on this tentative must send an email to the Court at SSCDEPT27@lacourt.org indicating intention to submit on the tentative as directed by the instructions provided on the court website at www.lacourt.org. Please be advised that if you submit on the tentative and elect not to appear at the hearing, the opposing party may nevertheless appear at the hearing and argue the matter. Unless you receive a submission from all other parties in the matter, you should assume that others might appear at the hearing to argue. If the Court does not receive emails from the parties indicating submission on this tentative ruling and there are no appearances at the hearing, the Court may, at its discretion, adopt the tentative as the final order or place the motion off calendar.