Judge: Audra Mori, Case: 21STCV12319, Date: 2022-08-25 Tentative Ruling

Case Number: 21STCV12319    Hearing Date: August 25, 2022    Dept: 31

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

 

ARMANDO DIAZ, ET AL.,

                        Plaintiff(s),

            vs.

 

PIH HEALTH DOWNEY HOSPITAL, ET AL.,

                        Defendant(s).

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Case No.: 21STCV12319

 

[TENTATIVE] ORDER DENYING WITHOUT PREJUDICE MOTION TO BE RELIEVED AS COUNSEL

 

Dept. 31

1:30 p.m.

August 25, 2022

 

 

Plaintiffs Armando Diaz’s and Victoria Quiroz’s (collectively, “Plaintiffs”) attorney of record, Adnan Alattiyat (“Counsel”), moves to be relieved as counsel contending that fundamental differences and disagreements have arisen between Counsel and Plaintiffs.  Counsel avers Plaintiffs were given ample time to reconsider their approach, and that Counsel would violate ethical obligations in order to comply with Plaintiffs’ demands.  Counsel asserts Plaintiffs were personally served with the moving papers. 

 

There are at least two issues with the motion.  First, this matter was originally set for hearing for July 19, 2022, where at the time of the hearing it was continued to August 25, 2022, pursuant to Plaintiffs’ request.  (Min. Order, July 19, 2022.)  Plaintiffs were ordered to give notice of the continuance; however, as of August 22, 2022, no such notice with proof of service on the parties has been filed with the Court.

 

Second, while Counsel filed proof of service of the moving papers on Plaintiffs, the Court cannot locate proof of service of the motion, declaration, and proposed order on Defendants.  (Cal. Rules of Court, rule 3.1362(d).)  

 

Therefore, the motion is denied without prejudice. 

 

Moving Counsel is ordered to give notice.

 

PLEASE TAKE NOTICE:

 

Dated this 25th day of August 2022

 

 

 

 

Hon. Audra Mori

Judge of the Superior Court