Capital One NA v Vladislav Isenbaev

Case Number

23CV00751

Case Type

Hearing Date / Time

Wed, 07/31/2024 - 10:00

Nature of Proceedings

Defense counsel’s motion to be relieved as counsel; set for same day as the Court Trial

Tentative Ruling

For Plaintiff: Laura D’Anna

For Defendant: Sam Dehlbozorgi, Adam Fullman, Christopher Peters,

Issue

Defense counsel’s motion to be relieved as counsel; set for same day as the Court Trial.

RULING

For the reason set out below the Motion to Withdraw is DENIED.

Background

This case was filed 2/24/24; Plaintiff seeks damages of $9,379.96; the complaint was answered on 2/29/24.

On 4/24/24 the Court set the matter for trial on 5/29/24.

On 5/24/29 the parties filed stipulation to continue the trial date to 7/10/24 and the Court granted the request but said: “Do not request another continuance.”

On 7/3/24 Defense counsel filed a Motion to be relieved as counsel and set it for 7/31/24. Supported by the Declaration of Counsel that reports: “There has been a breakdown of the attorney-client relationship.”

On 7/10/24 the case was on the trial calendar and the trial was continued to 7/31 to be heard with the motion to withdraw.

On 7/23/24 Plaintiff filed a trial brief, a witness list, and an exhibit list.

The Court’s Conclusions

This motion to withdraw is filed vastly too late in the case. Among other things it amounts to a continuance which the Court told the lawyers before the motion was filed that it would not permit any continuance. Counsel was forewarned. It should be denied.