Judge: Audra Mori, Case: 19STCV37719, Date: 2023-01-04 Tentative Ruling

Case Number: 19STCV37719    Hearing Date: January 4, 2023    Dept: 31

 

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

 

MICHAEL ERIC ANDERSON,

                        Plaintiff,

            vs.

 

HANK LACHMAN,

                        Defendant.

)

)

)

)

)

)

)

)

)

)
)

Case No.: 19STCV37719

 

[TENTATIVE] ORDER DENYING WITHOUT PREJUDICE MOTION TO BE RELIEVED AS COUNSEL

 

Dept. 31

1:30 p.m.

January 4, 2023

 

 

This action arises out of an alleged negligent discharge of a firearm.  Plaintiff Michael Eric Anderson (“Plaintiff”) filed this action against Defendant Hank Lachman (“Defendant”) on October 21, 2019.

 

Defendant’s attorney of record, Allison B. Margolin (“Counsel”), moves to be relieved as counsel.  Counsel declares that there has been an irreconcilable breakdown in the attorney-client relationship.  Counsel provides that Counsel personally served the moving papers on Defendant, and that a copy of the proof of service would be filed at least five days before the hearing.  However, the Court cannot locate proof of service of the moving papers on Defendant and Plaintiff.  (Cal. Rules of Court, Rule 3.1362(d).)  

 

The motion is therefore denied without prejudice.  

 

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 4th Day of January 2023



 

 

 

Hon. Audra Mori

Judge of the Superior Court