Judge: Audra Mori, Case: 20STCV41192, Date: 2023-01-04 Tentative Ruling

Case Number: 20STCV41192    Hearing Date: January 4, 2023    Dept: 31

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

Plaintiff Kristen Osegueda (“Plaintiff”) filed this action against defendants Ontrac, California Overnight, Inc., Express Messenger Systems, Inc., and Felix Ortega Dominguez (“Dominguez”) for damages arising from a motor vehicle accident vs bicycle accident.  Plaintiff has filed an amendment to complaint naming Zion Delivery Service, Inc. (“Zion”) as Doe 1. 

As relevant to this proceeding, on May 5, 2022, defense counsel, Robert T. Mackey (“Mackey”), filed an answer to Plaintiff’s complaint on behalf of Dominguez.  At this time, Mackey moves for an order to withdraw defense counsel’s appearance and answer filed for Dominguez.  Plaintiff opposes the motion, and Mackey filed a reply.    

This matter was last heard on November 8, 2022, where it was continued to January 4, 2023.  Mackey’s motion seeks to withdraw the appearance made and answer filed on behalf of Dominguez, but there was no evidence that Dominguez was given notice of this matter.  Because the motion directly affects Dominguez’s rights in this action, the hearing was continued for moving defense counsel to serve notice of the motion on Dominguez.  Any response by Dominguez was due at least nine court days before the continued hearing date.  Mackey was ordered to give notice of the continuance.  (Min. Order, Nov. 8, 2022.) 

            On November 14, 2022, Mackey filed proof of service of the moving papers on Dominguez.  However, to date, Mackey has not filed notice of the continued hearing date with proof of service on Dominguez and all parties.   

Therefore, the motion is taken off calendar.  Mackey may re-file the motion after giving proper notice to all parties, including Dominguez. 

Moving counsel Mackey 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 4^th day of January 2023