Judge: Audra Mori, Case: 19STCV22424, Date: 2022-08-24 Tentative Ruling

Case Number: 19STCV22424    Hearing Date: August 24, 2022    Dept: 31

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

Plaintiff Francisco M. Rubio’s (“Plaintiff”) attorney of record, Yosi Yahoudai, Esq. (“Counsel”), seeks to be relieved as counsel, asserting that Plaintiff has passed away, and Counsel believes Plaintiff has no living family members.  Counsel retained an investigative firm to locate plaintiff’s next of kin, but none were located.  Generally, the client's death or incapacity terminates the attorney's authority. (See Civ.Code. § 2356(a)(2), (3); see also Swartfager v. Wells (1942) 53 Cal.App.2d 522, 527-28 [death of client during action terminating authority of attorney to represent client in that suit].)  Thus, the court recognizes Plaintiff’s death terminates the authority of Counsel.  

Counsel cannot serve the deceased Plaintiff or locate a next of kin; however, Counsel has served the moving papers on the Clerk of the Court pursuant to CCP §1011(b) and California Rules Court, rule 3.1362(d).  (Proof of Service filed July 27, 2022.) 

The motion is unopposed and granted; the ruling is effective upon filing proof of service of the final order.  The Court notes trial is not yet scheduled.  Therefore, there will be no prejudice as a result of the granting of this motion. 

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 24^th day of August 2022