Judge: Yolanda Orozco, Case: 22STCV12397, Date: 2023-05-03 Tentative Ruling

Case Number: 22STCV12397    Hearing Date: May 3, 2023    Dept: 31

PROCEEDINGS:¿    MOTION TO BE RELIEVED AS COUNSEL 

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MOVING PARTY:¿  Counsel for Plaintiff Larisa Khromova

RESP.¿ PARTY:¿       None  

MOTION TO BE RELIEVED AS COUNSEL 

TENTATIVE RULING

Sam Ryan Heidari’s  Motion to be Relieved as Counsel for Plaintiff Larisa Khromova is GRANTED.

Legal Standard

An attorney can be changed or substituted at any time before or after judgment or final determination upon request by either the client or attorney and after notice from one to the other. (Code Civ. Proc., § 284.) “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 Forms MC-051 (Notice of Motion and Motion), MC-052 (Declaration), and MC-053 (Proposed Order). (Cal. Rules of Court, rule 3.1362, subds. (a), (c), (e).)¿¿ 

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In addition, California Rules of Court, rule 3.1362(d) requires that the Notice of Motion and Motion (MC-051), Declaration (MC-052), and Proposed Order (MC-053) be served on the client and all other parties who have appeared in the case by personal service, electronic service, or mail. (Cal. Rules of Court, rule 3.1362(d).)¿If the notice is served by mail, it must be accompanied by a declaration stating facts showing that either:¿¿ 

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(A) The service address is the current residence or business address of the client; or¿¿ 

(B) The service address is the last known residence or business address of the client and the attorney has been unable to locate a more current address after making reasonable efforts to do so within 30 days before the filing of the motion to be relieved. (Cal. Rules of Court, rule 3.1362(d), subd. (1) & (2).)¿

Discussion

Sam Ryan Heidari seeks to be relieved as counsel for Plaintiff Larisa Khromova. Plaintiff’s counsel asserts “[T]here has been a breakdown of the attorney-client relationship precluding counsel’s ability to effectively represent the client in this matter.” (MC-052.)

Service

Plaintiff’s counsel represents that Plaintiff was served by mail at their last known address confirmed to be current within the past 30 days. Plaintiff’s counsel also provided notice by email. Furthermore, Plaintiff’s counsel filed a Proof of Service showing that all parties who have appeared in this action have been served with notice of this motion. (See Cal. Rules of Court, rule 3.1362(d).)

The motion is GRANTED.

Conclusion

Sam Ryan Heidari’s  Motion to be Relieved as Counsel for Plaintiff Larisa Khromova is GRANTED.

The Order will be signed at the hearing. “After the order is signed, a copy of the signed order must be served on the client and on all parties that have appeared in the case.” (Cal. Rules of Court, rule 3.1362(e).) The Order on this Motion will not be effective “until proof of service of a copy of the signed order on the client has been filed with the court.” (Id.)¿