Judge: Audra Mori, Case: 19STCV21470, Date: 2022-08-26 Tentative Ruling

Case Number: 19STCV21470    Hearing Date: August 26, 2022    Dept: 31

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

Plaintiff Michael Cox’s (“Plaintiff”), a minor by and through his guardian ad litem, Julio Cox, attorney of record, Jesse L. Halpern (“Counsel”), moves to be relieved as counsel asserting that although a settlement was reached in this case, Plaintiff’s guardian ad litem refuses to cooperate in the preparation of a petition for minor’s compromise.  Counsel has filed proof of service on Defendant.  However, although Counsel declares Counsel personally served the moving papers on Plaintiff and a copy of the proof of service would be filed prior to the hearing, and despite this matter being continued from its original hearing date of June 14, 2022, Counsel has not filed proof of service of the motion, declaration, and proposed order on Plaintiff.  (Cal. Rules of Court, rule 3.1362(d).) 

Therefore, the motion is denied without prejudice. 

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 26^th day of August 2022