Judge: Audra Mori, Case: 19STCV37719, Date: 2023-01-30 Tentative Ruling

Case Number: 19STCV37719    Hearing Date: January 30, 2023    Dept: 31

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

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 exists an irreconcilable breakdown in the attorney-client relationship.  Counsel declares the moving papers were served on Plaintiff via mail at Plaintiff’s last known address.  Counsel has filed proof of service on Plaintiff and on Defendant. 

            However, Counsel filed and served the moving papers by mail on January 5, 2023.  “Unless otherwise ordered or specifically provided by law, all moving and supporting papers shall be served and filed at least 16 court days before the hearing.”  (CCP § 1005(b).)  Additionally, “if the notice is served by mail, the required 16-day period of notice before the hearing shall be increased by five calendar days if the place of mailing and the place of address are within the State of California, …”  (Id.)  Accordingly, moving Counsel was required to file and serve the motion by January 3, 2023.[1]  Counsel, thus, failed to give sufficient notice of the motion to Counsel’s client, Defendant, and to Plaintiff.

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 30^th Day of January 2023