Judge: Audra Mori, Case: 21STCV00494, Date: 2023-01-05 Tentative Ruling

Case Number: 21STCV00494    Hearing Date: January 5, 2023    Dept: 31

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

Plaintiff Richard John Acosta’s (“Plaintiff”) attorney of record, Konrad Kuenstler, Esq, (“Counsel”), has filed a motion to be relieved as counsel, contending relief is necessary because there has been a breakdown in the attorney client relationship, and a breakdown in communication between Counsel and Plaintiff.  Counsel declares it served the moving papers on Plaintiff via mail at Plaintiff’s last known address after confirming the address as current “with U.S. Postal Service that Plaintiff receives mail at address listed on the Proof of Service.”  (Decl. ¶ 3b(1)(d).)  Counsel has filed proof of service on Plaintiff. 

The Court wishes to hear from Counsel more about how Counsel confirmed with the U.S. Postal Service that Plaintiff’s address is current, as the cited exhibit does not fully explain this.  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 a Final Status Conference set for Jun 13, 2023, and trial is not scheduled until June 27, 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 an address confirmed as current, 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 5^th day of January 2023