Judge: Audra Mori, Case: 21STCV17342, Date: 2022-09-20 Tentative Ruling

Case Number: 21STCV17342    Hearing Date: September 20, 2022    Dept: 31

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

Plaintiff Jose Francisco Blanco’s (“Plaintiff”) attorney of record, John R. Ramos, seeks to be relieved as counsel.  Counsel asserts that Plaintiff has passed away and his family does not appear disposed to continue the litigation.  Generally, the client's death or incapacity terminates the attorney's authority. (See Civ.C. § 2356(a)(2), (3); Swartfager v. Wells (1942) 53 Cal.App.2d 522, 527-28 [death of client during action terminating authority of attorney to represent client in that suit].)  Thus, the Court recognizes Plaintiff’s death terminates the authority of Counsel

However, Counsel failed to file the motion, declaration and proposed order on mandatory judicial council forms MC-051, MC-052 and MC-053.  (Cal. Rules of Court, rule 3.1362.)  Further, given that Counsel represents Counsel has had contact with Plaintiff’s family members, Counsel must provide notice of the motion to the personal representative of the estate and/or Plaintiff’s heirs and notify them at an address confirmed as current, if and when Counsel re-files the motion.    

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 20^th day of September 2022