Judge: Audra Mori, Case: 21STCV22981, Date: 2023-01-17 Tentative Ruling

Case Number: 21STCV22981    Hearing Date: January 17, 2023    Dept: 31

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

Plaintiff Josiah Winans’s (“Plaintiff”) attorney of record, Lisa Saperstein for Citywide Law Group (“Counsel”), moves to be relieved as counsel for Plaintiff.  Counsel contends relief is necessary because of a breakdown in attorney-client communication.  Counsel provides it has served the moving papers on Plaintiff at Plaintiff’s last known address; however, Counsel was unable to confirm Plaintiff’s address was current.  

There are at least three issues with Counsel’s motion that prevent it from being granted. 

First, there is no 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).) 

Second, Counsel filed the instant motion on December 22, 2022, which was only 15 court days before this hearing.  Pursuant to CCP § 1005(b), all moving and supporting papers shall be served and filed at least 16 court days before the hearing.  There is no showing that all parties were otherwise given proper notice of this hearing. 

Third, Counsel declares Counsel has not been able to confirm if Plaintiff’s address is current in the past thirty days.  If Counsel is unable to serve Plaintiff at a confirmed address, Counsel must serve the moving papers on the Clerk of the Court- located at Stanley Mosk Courthouse- pursuant to CCP §1011 and California Rules Court, rule 3.1362(d). 

The motion is therefore denied without prejudice.  Counsel must comply with all rules and laws, including notice and filing requirements, when re-filing this motion.  The Court will not grant an oral request to continue this improperly filed motion.

Moving 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 17^th day of January 2023