Judge: Audra Mori, Case: 21STCV33448, Date: 2022-11-14 Tentative Ruling

Case Number: 21STCV33448    Hearing Date: November 14, 2022    Dept: 31

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

Plaintiff Brittney Monique Washington (“Plaintiff”) attorney of record, Bob B. Khakshooy of the Law Offices of Bob B. Khakshooy, (“Counsel”), moves to be relieved as counsel.  Counsel declares that Counsel is unable to locate or communicate with Plaintiff, as Plaintiff has been unresponsive to Counsel’s attempts to discuss the case with her.  Counsel declares the moving papers were served on Plaintiff at a confirmed address.   

In the Proof of Service, counsel indicates the motion was served on Plaintiff by electronic mail.  California Rules of Court, rule 3.1362(d)(2) states: “If the notice is served on the client by electronic service under Code of Civil Procedure section 1010.6 and rule 2.251, it must be accompanied by a declaration stating that the electronic service address is the client's current electronic service address.”  The Court cannot locate any such declaration with Counsel’s notice of motion, which must be filed before the motion can be granted.

Counsel also states in his declaration that he confirmed the address through certified mail, return receipt.  Certified mail does not establish proof the address is confirmed unless there is a signed return receipt.  (See Cal. Rules of court, rule 3.1362(d)(2).)  Thus, if Counsel re-files the motion and confirms Plaintiff’s address as current through this method, Counsel must provide a copy of the signed return receipt. 

Therefore, the motion is 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 14^th day of November 2022