Judge: Audra Mori, Case: 21STCV17342, Date: 2022-11-07 Tentative Ruling

Case Number: 21STCV17342    Hearing Date: November 7, 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 (“Counsel”), seeks to be relieved as counsel.  Counsel filed the instant motion on October 19, 2022, with proof of service showing Plaintiff and Plaintiff’s family members were served with the moving papers by mail on October 18, 2022. 

“Unless otherwise ordered or specifically provided by law, all moving and supporting papers shall be served and filed at least 16 court days before the hearing… However, if the notice is served by mail, the required 16-day period of notice before the hearing shall be increased by five calendar days if the place of mailing and the place of address are within the State of California…”  (CCP § 1005(b).)  Sixteen court days prior to hearing with an additional five days for mailing was Sunday, October 9, 2022, with the next court day being Monday, October 10, 2022.  Counsel’s motion therefore fails to give sufficient notice of the motion and hearing as statutorily required.   

The motion is denied without prejudice.  If or when Counsel re-files the motion, Counsel must ensure to give proper notice to, and file proof of service of the motion, declaration, and proposed order on, Plaintiff and all other parties who have appeared in the case.  (Cal. Rules of Court, rule 3.1362(d).) 

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 7^th day of November 2022