Case Number: BC580248 Hearing Date: May 05, 2016 Dept: 93

SUPERIOR COURT OF CALIFORNIA
COUNTY OF LOS ANGELES – CENTRAL DISTRICT
DEPARTMENT 93

GEVORG ABRAHAMYAN,

Plaintiff,

vs.

CITY OF BURBANK,

Defendant.
Case No.: BC580248

Hearing Date: May 5, 2016

Time: 1:30 p.m.

[TENTATIVE] ORDER RE:

MOTION TO BE RELIEVED AS COUNSEL

Counsel KEVIN BOYLE AND ANDREW OWEN OF PANISH SHEA & BOYLE LLP’s motion to be relieved as counsel is GRANTED. It is so ordered and effective upon filing a proof of service of signed order allowing such withdrawal.

BACKGROUND

This is a police excessive force case. On 5/1/15, Gevorg Abrahamyan filed a complaint against City of Burbank for (1) negligence, (2) violation of Cal. Civil Code section 52.1, (3) assault, (4) battery, (5) false imprisonment, and (6) IIED. Plaintiff alleges that on 11/6/14, at 12:42 a.m. police officers from City of Burbank pulled plaintiff over at or near 1900 block of N. Buena Vista St. in Burbank. They approached plaintiff’s vehicle. Plaintiff was sitting in his vehicle obeying all of the officers’ commands, when the officers’ aggressive, unlawful., and confrontational conduct escalated beyond all reason. The police officers proceeded to verbally intimidate plaintiff, falsely arrest and detain him, and then proceeded to assault and batter plaintiff, and inflict severe emotional distress, all without reasonable provocation and/or consent. After the attack, the officers delayed or caused to be delayed the transportation of plaintiff to the hospital.

On 9/16/16, plaintiff filed amendments naming Anthony John Virzi as Doe 1 and Blaine Shifley as Doe 2.

On 10/21/15, defendants filed an answer.

Trial is set for 11/1/16.

LEGAL STANDARD

The court has discretion to allow an attorney to withdraw, and such a motion should be granted provided that there is no prejudice to the client and it does not disrupt the orderly process of justice. See Ramirez v. Sturdevant (1994) 21 Cal. App. 4th 904, 915; People v. Prince (1968) 268 Cal. App. 2d 398.

CRC Rule 3.1362 (Motion to Be Relieved as Counsel) requires (1) notice of motion and motion to be directed to the client (made on the Notice of Motion and Motion to be Relieved as Counsel Civil form (MC-051)); (2) a declaration stating in general terms and without compromising the confidentiality of the attorney client relationship why a motion under Code of Civil Procedure section 284(2) is brought instead of filing a consent under Code of Civil Procedure section 284(1) (made on the Declaration in Support of Attorney’s Motion to Be Relieved as Counsel Civil form (MC-052)); (3) service of the notice of motion and motion and declaration on all other parties who have appeared in the case; and (4) the proposed order relieving counsel (prepared on the Order Granting Attorney’s Motion to Be Relieved as Counsel Civil form (MC-053)).

Under California Rules of Professional Conduct, 3-700(C), “If rule 3-700(B) [mandatory withdrawal] is not applicable, a member may not request permission to withdraw in matters pending before a tribunal, and may not withdraw in other matters, unless such request or such withdrawal is because: (1) The client . . . . (d) by other conduct renders it unreasonably difficult for the member to carry out the employment effectively and (f) breaches an agreement or obligation to the member as to expenses or fees.”

DISCUSSION
Counsel Kevin Boyle and Andrew Owen request to be relieved as counsel for plaintiff Gevorg Abrahamyan. They have complied with CRC Rule 3.1362. They have confirmed within the past 30 days that the client’s address is current by mail, return receipt requested and by telephone.

According to the declaration of Andrew Owen, there is a material disagreement between counsel and the client about how best to proceed with this lawsuit. Counsel contends that specific facts that give rise to this motion are confidential but in the event the Court desires further information to ascertain the good faith basis for this motion and for withdrawal, counsel requests that the Court have an in camera hearing outside the presence of defendants so that plaintiff will not be prejudiced.

Owen’s declaration is sufficient to be relieved as counsel.

Counsel Kevin Boyle and Andrew Owen are ordered to provide notice of this ruling.

DATED: May 5, 2016

_____________________________
Howard L. Halm
Judge of the Superior Court