Judge: William A. Crowfoot, Case: 21STCV35597, Date: 2022-12-29 Tentative Ruling

Case Number: 21STCV35597    Hearing Date: December 29, 2022    Dept: 27

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

I.            INTRODUCTION

This action arises out of a motor vehicle vs. bicycle collision.  Plaintiff Samuel Houston (“Plaintiff”) filed this action against Defendant Parsa Fereydouni (“Defendant”) on September 27, 2021.

Plaintiff is represented by Gerald E. Agnew, Jr. and Nahid A. McGlynn, both from the law firm Agnew Brusavich (collectively, “Counsel”).  Counsel previously filed a motion to be relieved as counsel on October 20, 2022.  On December 8, 2022, the Court continued the hearing on that motion with instructions to re-file.  Counsel filed this motion to be relieved as counsel on December 19, 2022, which is accompanied by a declaration, proposed order, and proof of service.

II.          LEGAL STANDARD

Code of Civil Procedure section 284 states that an attorney in an action may be changed at any time before or after judgment: (1) upon the consent of both client and attorney; or (2) upon the order of the court, upon the application of either client or attorney, after notice from one to the other.  (Code Civ. Proc. § 284; CRC 3.1362.)  The court has power to permit withdrawal of an attorney within its sound discretion.  (Jones v. Green (1946) 74 Cal.App.2d 223, 229.)  An attorney may withdraw without cause as long as the withdrawal can be accomplished without undue prejudice to the client's interest – i.e., counsel cannot withdraw at a critical point, but if the case is not at a critical point withdrawal is permitted because the client will not be prejudiced. (Ramirez v. Sturdevant (1994) 21 Cal.App.4th 904, 915.)  The court has discretion to deny the withdrawal request when withdrawal would work an injustice or cause undue delay in proceeding; but the court's discretion in this area is one to be exercised reasonably.  (See Mandell v. Superior (1977) 67 Cal.App.3d 1.)

Counsel must make a motion to be relieved as attorney of record.  The form and content of such motion are governed by California Rules of Court rule 3.1362.  The motion must be made using mandatory forms: Notice of Motion and Motion to be Relieved as Counsel – Civil (MC-051), Declaration (MC-052), and Proposed Order (MC-053).  The forms must be filed and served in compliance with the procedural standards set forth in CRC 3.1362.

III.        DISCUSSION

As a preliminary matter, the Court notes the filing of a rules-compliant motion, declaration, proposed order, and proof of service.

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.)  The Court notes that trial in this matter is currently set for March 27, 2023 and no prejudice will result from granting this motion.

Counsel amended the proposed order pursuant to the Court’s minute order by including Plaintiff’s email address and OSC re: Dismissal.  (Minute Order, p. 1; Re-submitted Proposed Order, ¶¶ 6, 8.)  Counsel did not amend the proposed order to indicate Plaintiff was served at his “current” instead of the “last known” address, but Counsel’s declaration adequately explains why the address where Plaintiff was personally served may not be his current address.  (Minute Order, p. 1; Re-submitted Proposed Order, ¶ 6; Houston Decl. ¶¶ 8, 11.)

IV.         CONCLUSION

Accordingly, Counsel’s motion to be relieved as counsel is GRANTED and effective upon filing a proof of service showing service of this Order on Plaintiff and all parties who have appeared.

Counsel to give notice of this ruling.

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.