Judge: Anne Hwang, Case: 18STCV09041, Date: 2023-08-07 Tentative Ruling

Case Number: 18STCV09041    Hearing Date: August 7, 2023    Dept: 32

PLEASE NOTE:   Parties are encouraged to meet and confer concerning this tentative ruling to determine if a resolution may be reached.  If the parties are unable to reach a resolution and a party intends to submit on this tentative ruling, the party must send an email to the Court at sscdept32@lacourt.org indicating that party’s intention to submit.  The email shall include the case number, date and time of the hearing, counsel’s contact information (if applicable), and the identity of the party submitting on this tentative ruling.  If the Court does not receive an email indicating the parties are submitting on this tentative ruling and there are no appearances at the hearing, the Court may place the motion off calendar or adopt the tentative ruling as the order of the Court.  If all parties do not submit on this tentative ruling, they should arrange to appear in-person or remotely (which is highly encouraged).  Further, after the Court has posted/issued a tentative ruling, the Court has the inherent authority to prohibit the withdrawal of the subject motion and adopt the tentative ruling as the order of the Court. 

TENTATIVE RULING

MOTION

            Gary Loftis (“Counsel”) moves to be relieved as counsel for Defendant Gurgen Khodagolyan dba Wolf Trucking (“Defendant”). As noted by the Court on May 19, 2023, Loftis is also counsel of record for Defendant Olatoundji Karimou and makes no motion to be relieved as to this defendant.  (Minute Order 5/19/23.)

The motion as to Defendant Khodagolyan is unopposed.

ANALYSIS

Counsel has filed forms MC-051 and MC-052 and has lodged with the Court a copy of the proposed order on form MC-053 as required.  (Cal Rules of Court, rule 3.1362.)  The basis for the motion is a breakdown in attorney-client communication, as described in more detail in the Court’s May 19, 2023 order.  This is a valid reason for withdrawal.  (See Rules Prof. Conduct, rule 1.16.) 

Counsel has also corrected the previous errors in the proposed order and filed a proof of service as to all parties in the case.  Accordingly, the Court grants the motion to be relieved as to Defendant Khodagolyan only. Counsel remains the attorney of record for Defendant Karimou.

Counsel shall give notice to all parties and file a proof of service of such.