Judge: Audra Mori, Case: 21STCV02151, Date: 2022-12-15 Tentative Ruling

Case Number: 21STCV02151    Hearing Date: December 15, 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 can no longer continue to 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 by mail, return receipt requested.  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 in order for service by certified mail to be deemed valid.  Counsel may file a copy of the signed return receipt electronically prior to the hearing.

Alternatively, Counsel indicates that Plaintiff’s address was confirmed by “[d]elivering a courtesy copy of the Motion to Stanley Mosk Courthouse … Pursuant to CCP 1011 and California Rules of Court, rule 3.1362(d),” and that Counsel has been unable to confirm Plaintiff’s address is current.  Service of the motion on the Clerk of the Court at the Stanley Mosk Courthouse is required when Counsel has not been able to confirm its client’s address is current in the past thirty days.  However, the Court cannot locate proof of service of the papers allegedly delivered to the Stanley Mosk Courthouse.  Counsel must file proof of service of the moving papers on the Clerk of the Court- located at Stanley Mosk Courthouse in order for service by this means to be deemed valid. 

            Therefore, if Counsel appears at the hearing and satisfies for the Court that Plaintiff’s address is confirmed or clarifies that Counsel has been unable to confirm the address, and Counsel files, and the Court receives, proof of service of the moving papers on the Clerk of the Court, the motion will be granted.  Relief will be effective upon filing proof of service of the final order on Plaintiff.  The Court notes the next scheduled hearing is a Final Status Conference set for May 5, 2023, and trial is not scheduled until May 19, 2023, so Plaintiff will have sufficient time to find new counsel or otherwise prepare for trial.

If Counsel does not appear and satisfy the above defects, the motion will be denied without prejudice.   

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 15^th day of December 2022