Judge: William A. Crowfoot, Case: 21STCV29043, Date: 2022-09-02 Tentative Ruling

Case Number: 21STCV29043    Hearing Date: September 2, 2022    Dept: 27

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

I.         BACKGROUND

On August 6, 2021, plaintiff Haroutyun Keshishyan (“Plaintiff”) filed a complaint asserting causes of action for negligence and premises liability against defendants Corazon Nieves, and Does 1-100. Per the complaint, Plaintiff alleges that, on August 31, 2019, he sustained injuries to his lower back and knees when instructed by defendant over his protests to lift a double-oven from the garage to the upstairs kitchen.  

On May 13, 2022, Plaintiff’s counsel, Donald Karpel (“Counsel”), filed a motion to be relieved as counsel.

II.        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(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, rule 3.1362(a)), MC-052 (Declaration) (Cal. Rules of Court, rule 3.136(c)), and MC-053 (Proposed Order) (Cal. Rules of Court, rule 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, rule 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, rule 3.1362(e).) 

III.      DISCUSSION

Here, the Court previously found that Counsel’s motion had merit, but that the proposed order was deficient in certain regards. (See June 16, 2022 Minute Order.) Namely, the proposed order was incomplete because items 3b and 5a were not checked and the OSC re: dismissal scheduled for August 2, 2024, was not identified in Item 8. Thereafter, on June 16, 2022, Counsel filed an amended proposed order that resolves the issues the Court previously raised.

Accordingly, the motion to be relieved counsel is GRANTED.

IV.      CONCLUSION

Counsel Donald Karpel’s motion to be relieved as counsel is GRANTED, and this order will be effective after notice of this ruling has been served on the Plaintiff and proof of such has been filed with the Court.

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’s 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.