Judge: Armen Tamzarian, Case: 20STCV03508, Date: 2023-01-04 Tentative Ruling

Please notify Department 52 via email at smcdept52@lacourt.org and indicate that the parties are submitting on the tentative ruling. Please provide the attorney's name and represented party. Please notify the opposing side via email if submitting on the Court's tentative ruling.

Case Number: 20STCV03508    Hearing Date: January 4, 2023    Dept: 52

Fisher & Phillips LLP’s Motion to Be Relieved as Counsel for Defendant Treeium Inc.

Lonnie D. Giamela of Fisher & Phillips LLP moves to be relieved as counsel for defendant/judgment creditor Treeium Inc.

Defense counsel did not show adequate proof of service of this motion on Treeium Inc. A motion to be relieved as counsel must be served on the client “by personal service, electronic service, or mail.” (Cal. Rules of Court, rule 3.1362(d).) Personal service requires “delivery to the party” (CCP § 1011) or “by leaving the notice or other paper at the party’s residence with some person 18 years of age or older” (CCP § 1011(b)). If no person can be found there, “the notice or papers may be served by mail.” (CCP § 1011(b)(2).)

In the proof of service filed on November 30, 2022, the process server declares he served the papers by “slipp[ing] documents under door (business closed).” (POS, ¶ 2.b.) That is not adequate personal service because he did not leave the papers with a person. The proof of service does not state the papers were served by mail.

The motion is denied without prejudice.