Judge: Audra Mori, Case: 20STCV20068, Date: 2022-12-14 Tentative Ruling

Case Number: 20STCV20068    Hearing Date: December 14, 2022    Dept: 31

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

Co-Plaintiff Michelle Smallwood (“Plaintiff’s”) attorney of record, Ronald I. Goldszer, Esq. (“Counsel”), moves to be relieved as counsel.  Counsel declares there has been a complete breakdown in the attorney-client relationship with Plaintiff.  Counsel has filed proof of service of the motion on Plaintiff and Defendant.  Counsel declares he confirmed the address through certified mail, return receipt.  Additionally, Counsel states he confirmed the address by confirming the address with co-plaintiff Janelle Smallwood, and by conducting a Westlaw California Statewide People Search. 

To the extent that Counsel declares he confirmed the address through certified mail, 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).)  The Court will, therefore, require a copy of the signed return receipt at the time of the hearing.  Counsel may file a copy of the signed return receipt electronically prior to the hearing.

If Counsel appears and satisfies for the Court that Plaintiff’s address is confirmed, the motion will be granted.  Relief will be effective upon filing proof of service of the final order on Plaintiff. 

Alternatively, to the extent Counsel states the address was confirmed through co-plaintiff and through Westlaw, the Court wishes to hear from Counsel concerning what these methods involved in confirming Plaintiff’s address.  Assuming the Court is satisfied with confirmation of Plaintiff’s address, the motion will be granted; the ruling is effective upon filing proof of service of the final order.  The Court notes the next scheduled matter is an Order to Show Cause Re: Dismissal set for May 24, 2023, and trial is not scheduled until June 19, 2023.  Therefore, there is sufficient time for Plaintiff to seek other counsel or otherwise prepare prior to trial.

If Counsel is unable to show that they served Plaintiff at a confirmed address, then the requirement that Counsel serve the moving papers on the Clerk of the Court pursuant to CCP §1011(b) and California Rules Court, rule 3.1362(d) would preclude the granting of the motion. 

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 14^th day of December 2022