Judge: Audra Mori, Case: 21STCV04681, Date: 2022-08-25 Tentative Ruling

Case Number: 21STCV04681    Hearing Date: August 25, 2022    Dept: 31

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

R. Alexander Comley (“Counsel”) seeks to be relieved as Plaintiff Piero Valdizan’s (“Plaintiff”) attorney of record.  However, the Court’s records show that Plaintiff is representing himself in this matter in pro per.  Plaintiff filed the operative complaint in pro per on February 5, 2021, and since this time, no substitution of attorney form has been filed providing that Counsel was now representing Plaintiff. Notably on August 8, 2022, Plaintiff filed various documents “in pro per.” 

Even if Counsel and Plaintiff properly filed a substitution of attorney form, the motion would be denied.  Counsel asserts that irreconcilable differences have arisen between Counsel and Plaintiff that make it unreasonably difficult to carry out employment effectively.  Counsel has filed proof of service on Plaintiff and Defendants.  However, Counsel did not file a declaration on mandatory judicial council form MC-052.  (Cal. Rules of Court, rule 3.1362.)  Therefore, the motion is 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 25^th day of August 2022