Judge: Audra Mori, Case: 21STCV17342, Date: 2022-12-12 Tentative Ruling

Case Number: 21STCV17342    Hearing Date: December 12, 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 provides that Plaintiff has passed away, and none of Plaintiff’s remaining family members wish to continue this litigation.  Counsel asserts that he has met with Plaintiff’s mother, who is the surviving heir, but she has not taken any interest in the case.  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.  Plaintiff has filed proof of service of the moving papers on Defendant and on Plaintiff’s family members. 

The motion is unopposed and granted; the ruling is effective upon filing proof of service of the final order.  The Court notes the next scheduled matter is a motion for summary judgment set for July 31, 2023, and trial is not scheduled until August 17, 2023.  Therefore, there will be no prejudice as a result of the granting of this motion.   

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 12^th day of December 2022