Judge: Audra Mori, Case: 21STCV32837, Date: 2022-08-12 Tentative Ruling

Case Number: 21STCV32837    Hearing Date: August 12, 2022    Dept: 31

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

Plaintiffs’, Marlon Silva and Jazzmynne Silva (collectively, “Plaintiffs”), attorney of record, Utku Kazanci of the Law Offices of Jacob Emrani (“Counsel”), moves to be relieved as counsel for Plaintiffs.  Counsel contends relief is necessary because there has been an irreconcilable breakdown in the attorney-client relationship that prevents Counsel from proceeding with the matter.  Counsel provides it has served the moving papers on Plaintiffs at Plaintiffs’ last known address; however, Counsel was unable to confirm Plaintiffs’ address was current.  

The motion is denied without prejudice because Counsel declares it has not been able to confirm if Plaintiffs’ address is current in the past thirty days.  If Counsel is unable to serve Plaintiffs 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). 

Additionally, Jazzmynne Silva is a minor appearing by and through her guardian ad litem, Bessy Silva.  Where counsel seeks to withdraw from representation of a guardian ad litem for a minor, the guardian ad litem is left “in the untenable position of perhaps committing a misdemeanor: practicing law without a license.”  (Bus. Prof. Code, § 6126.)  Thus, “a trial judge should not ordinarily permit an attorney to withdraw unless other qualified counsel has been obtained,” although there may be instances where it is proper to do so due “extenuating circumstances.”  (Torres v Friedman (1985) 169 Cal.App.3d 880, 887-88.)  Counsel should address this issue concerning the minor Plaintiff if and when Counsel re-files the motion.

The motion is therefore denied without prejudice.

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 12^th day of August 2022