Judge: Audra Mori, Case: 19STCV09073, Date: 2022-09-06 Tentative Ruling

Case Number: 19STCV09073    Hearing Date: September 6, 2022    Dept: 31

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

Plaintiff Rochelle Anderson’s (“Plaintiff”) attorney of record, Ernest A. Vargas of the Law Offices of Vargas & Vargas (“Counsel”), moves to be relieved as counsel contending relief is necessary because irreparable differences have arisen between Counsel and Plaintiff that make it impossible for Counsel to continuing representing Plaintiff. 

The motion is denied without prejudice.  The Court notes the following two issues with the motion:

First, Counsel has attached a proof of service to the motion on form MC-051 alleging service of the motion on Plaintiff and Defendant; however, the proof of service does not state that the declaration and proposed order were served on Plaintiff and Defendant.  Counsel must file proof of service of the motion, declaration, and proposed order on Plaintiff and Defendant.  (Cal. Rules of Court, rule 3.1362(d).) 

Second, Counsel declares the moving papers were served on Plaintiff at a confirmed address.  Counsel declares he confirmed the address through certified mail, return receipt.  Certified mail does not establish proof the address is confirmed unless there is a signed return receipt.  (See Cal. Rules of court, Rule 3.1362(d)(2).)  Counsel, therefore, must file a copy of the signed return receipt, if and when, Counsel refiles the motion to be relieved as counsel.

Moving Counsel is ordered to give notice.

PLEASE TAKE NOTICE:

• Parties are encouraged to meet and confer after reading this tentative ruling to see if they can reach an agreement.
• If a party intends to submit on this tentative ruling, the party must send an email to the court at sscdept31@lacourt.org with the Subject line “SUBMIT” followed by the case number.  The body of the email must include the hearing date and time, counsel’s contact information, and the identity of the party submitting.  
• Unless all parties submit by email to this tentative ruling, the parties should arrange to appear remotely (encouraged) or in person for oral argument.  You should assume that others may appear at the hearing to argue.  
• If the parties neither submit nor appear at hearing, the Court may take the motion off calendar or adopt the tentative ruling as the order of the Court.  After the Court has issued a tentative ruling, the Court may prohibit the withdrawal of the subject motion without leave. 

Dated this 6^th day of September 2022