Gill vs. Ortega’s Moving & Delivery Service, Inc.

A notice of motion and motion to be relieved as counsel under CCP section 284(2) shall be directed to the client and shall be made on the Notice of Motion and Motion to Be Relieved as Counsel-Civil form (MC-051). (Cal. R. Ct. 3.1362(a).) No memorandum is required for the motion. (Cal. R. Ct. 3.l362(b)). The motion shall be accompanied by a declaration stating in general terms, without compromising the confidentiality of the attorney- client relationship, why counsel is making a motion instead of filing a consent. (Cal.

R. Ct. 3.1362(c)). If the motion is served by mail, it shall be accompanied by a declaration stating facts showing either that (1) the service address is the current residence or business address of the client or (2) 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 prior to filing the motion. (Cal. R. Ct. 3.1362(d)).

The motion may be brought on various grounds, some of which include the client’s failure to pay attorney fees (People v. Prince (1968) 268 Cal.App.2d 398, 406), the client’s insistence on an action that is not justified under existing law or by good faith argument (Estate of Falco v. Decker (1987) 188 Cal.App.3d 1004, 1015), and a conflict of interest between counsel and the client (Aceves v. Superior Court (1996) 51 Cal.App.4th 584, 592).

Here, the motion is substantively sufficient. Counsel has provided the reason for withdrawal—a breakdown in the attorney-client relationship. However, Counsel has failed to file a proof of service, establishing that both the client and defense counsel have received notice of the motion papers.

The hearing is, therefore, continued to October 01, 2026 at 10:00 am. Counsel is ordered to file a proof of service establishing that the client received proper service by mail and/or by personal service and that defense counsel has already received proper notice.

Counsel is also ordered to give notice of the continued hearing.

2 Gill vs. Ortega's Counsel Sam Dehbozorgi c/o The Fullman Firm, P.C.’s motion to be Moving & Delivery relieved as counsel of record for Defendant Ortega’s Moving & Delivery Service, Inc. Service, Inc. is GRANTED.

Counsel Sam Dehbozorgi is ORDERED to submit to this court a proposed Order Granting Attorney’s Motion to Be Relieved as Counsel– Civil (Form MC-053), that includes the updated dates for the discovery motions and the Informal Discovery Conference within 10 days of this ruling. (See ¶ 8 of Proposed Order).

Within 15 days of receiving the signed Form MC-053 back from the court, Counsel Sam Dehbozorgi is ORDERED to serve the client with the signed Form MC-053 and notice of this ruling, in the manner described in Rules of Court rule 3.1362(d).

Counsel shall be relieved as counsel of record for Defendant effective upon the filing of a proof of service to the client and all parties showing timely service of the signed Form MC-053 and notice of this ruling.

The court finds that Counsel has complied with the requirements of Rule 3.1362 of the California Rules of Court, including serving the client with the motion papers by mail, after confirming within the last 30 days that the address is the client’s current address. Counsel also has declared a justifiable reason to be relieved as counsel — breakdown of the attorney- client relationship. (See Form MC-052 Attorney Decl. ¶ 2.) Further, no opposition has been filed. (See Nazir v. United Airlines, Inc. (2009) 178 Cal.App.4th 243, 288 [failure to address or oppose issue in motion constitutes waiver of that issue].)

Therefore, the court will grant the motion to be relieved as counsel.

Moving Counsel shall give notice of this ruling in the manner ordered by the court.

1:30 p.m. 1 Khoury vs. Robles Plaintiff Melody Khoury’s to compel Defendant Victor Peralta Robles to attend an oral deposition is GRANTED. To the extent Plaintiff seeks to compel Defendant Robles to produce the documents requested in the Notice of Deposition, the motion is DENIED.

“Any party may obtain discovery...by taking in California the oral deposition of any person, including any party to the action. The person deposed may be a natural person, an organization such as a public or private corporation, a partnership, an association, or a governmental agency.” (Code Civ. Proc., § 2025.010.) “The service of a deposition notice under Section 2025.240 is effective to require any deponent who is a party to the action or an officer, director, managing agent, or employee of a party to attend and to testify, as well as to produce any document, electronically stored information, or tangible thing for inspection and copying.” (Code Civ. Proc., § 2025.280(a).)

Attendance at Deposition

Plaintiff’s motion is based on the December 16, 2025 Notice of Deposition which set Plaintiff’s deposition for February 5, 2026. (Toor Decl. ¶ 7, Exh. E.) Plaintiff has adequately demonstrated that after service of the deposition notice Defendant Robles failed to appear for examination. (Toor Decl. ¶ 9.)

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