Judge: Audra Mori, Case: 21STCV09694, Date: 2023-01-11 Tentative Ruling

Case Number: 21STCV09694    Hearing Date: January 11, 2023    Dept: 31

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

Plaintiff Stanley W. Humphries, II’s (“Plaintiff”) attorney of record, Daniel Geoulla Esq. (“Counsel”), moves to be relieved as counsel, contending there are irreconcilable differences and a complete breakdown in communication between the attorney and client.  Counsel declares it served the moving papers on Plaintiff via mail at Plaintiff’s last known address.  Counsel has filed proof of service on Plaintiff and on Defendants. 

However, Counsel’s proof of service indicates that the moving papers were served on Plaintiff electronically.  California Rules of Court, Rule 3.1362(d)(2) states: “If the notice is served on the client by electronic service under Code of Civil Procedure section 1010.6 and rule 2.251, it must be accompanied by a declaration stating that the electronic service address is the client's current electronic service address.”  The Court cannot locate any such declaration with Counsel’s motion.

Absent a declaration from Counsel attesting that Plaintiff’s email address listed in the proof of service was confirmed as current, the motion cannot be granted.

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 11^th day of January 2023