Judge: Yolanda Orozco, Case: 22STCV24448, Date: 2023-01-18 Tentative Ruling

Case Number: 22STCV24448    Hearing Date: January 18, 2023    Dept: 31

MOTION TO BE RELIEVED AS COUNSEL IS GRANTED 

Background 

On July 28, 2022, Plaintiff Kerem Ozmen filed a Complaint against Robert Micha “Micah” McDonald for:

1) Breach of Written Contract;

2) Non-compliance with Wrongful Retention of Security Deposition in violation of California Civil Code section 1950.5;

3) Conversion.

On December 21, 2022, Plaintiff’s counsel filed a motion to be relieved as counsel for Plaintiff. 

The motion is unopposed. 

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. (CCP) § 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, CRC 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, 3.1362(d).)

¿If the notice is served by mail, it must be accompanied by a declaration stating facts showing that either:¿¿ 

¿¿¿ 

(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 

Farhad Novian, Lauren Woodland, and Novian & Novian LLP (collectively “Counsel”) seek to be relieved as counsel for Plaintiff Kerem Ozmen. 

Counsel asserts there are clear and irreconcilable differences between Counsel’s law firm and Plaintiff such that there has been a severe breakdown in communications between Novian & Novian LLP and Plaintiff that makes it virtually impossible for Novian & Novian LLP to effectively represent Plaintiff in this action. (MC-052.) To protect attorney-client privilege, Novian & Novian LLP can supplement this declaration with an in camera review if the Court wishes. (Id.) 

Counsel asserts that Plaintiff was served by mail at his last known address, with return receipt requested. Counsel also tried calling Plaintiff at his last known telephone number and sending him emails at the email address Plaintiff provided. (MC-052.) Counsel also filed 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, 3.1362(d).) 

Although no return receipt has been filed, the Court finds that Counsel has provided sufficient evidence that all parties have been properly served with notice. 

Therefore, the motion is GRANTED. 

Conclusion 

Farhad Novian’s, Lauren Woodland’s, and Novian & Novian LLP’s Motion to be Relieved as Counsel for Plaintiff Kerem Ozmen 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, 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.)¿