Judge: Audra Mori, Case: 21STCV02151, Date: 2022-09-22 Tentative Ruling

Case Number: 21STCV02151    Hearing Date: September 22, 2022    Dept: 31

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

Plaintiff Elis Ismael Castro’s (“Plaintiff”) attorney of record, Cohen & Marzban Law Corporation (“Counsel”), moves to be relieved as counsel.  Counsel declares considerable differences have arisen between Counsel and Plaintiff such that Counsel is unable to effectively represent Plaintiff.  Counsel has filed proof of service on Plaintiff and Defendants.

            Counsel declares the moving papers were served on Plaintiff at a confirmed address.  Counsel declares he confirmed the address through certified mail, return receipt.  However, 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).)  Further, on September 15, 2022, Counsel filed a supplemental declaration stating that Counsel has not received a signed return receipt.  Moreover, Counsel attests that Counsel is unable to effect service of the motion on Plaintiff due to Plaintiff evading service and not cooperating with Counsel.  As Counsel was previously informed when a prior motion to be relieved as counsel was denied, if Counsel is unable to serve Plaintiff at a confirmed address, Counsel must serve the moving papers on the Clerk of the Court- located at Stanley Mosk Courthouse- pursuant to CCP §1011 and California Rules Court, rule 3.1362(d).  (Min. Order July 8, 2022.) 

            Therefore, the motion is 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 22^nd day of September 2022