Judge: Audra Mori, Case: 21STCV34495, Date: 2022-12-15 Tentative Ruling

Case Number: 21STCV34495    Hearing Date: December 15, 2022    Dept: 31

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

Defendant Arthur E. Lewis’s (“Defendant”) attorney of record, Douglas S. Yee, Esq. (“Counsel”), moves to be relieved as counsel for Defendant.  Counsel contends relief is necessary because of an irreparable breakdown in the attorney-client relationship.  Further, Counsel provides that a conflict of interest has formed between Counsel and Defendant, so an outside attorney has associated into the case.  The Court notes that on December 15, 2021, moving Counsel filed a notice of association of attorney providing that Jennifer Tseng (“Tseng”) was being associated as attorney of record for Defendant in this matter.  Counsel has filed proof of service on Plaintiff, Defendant and Tseng. 

Counsel provides it has served the moving papers on Defendant at Defendant’s last known address; however, Counsel was unable to confirm Defendant’s address was current after mailing the motion papers to Defendant’s last known address, return receipt requested.  Nonetheless, Counsel has also served the moving papers on Tseng, who remains associated in as counsel for Defendant. 

At the hearing on this matter, the Court wishes to inquire as to whether Defendant is aware that Tseng is serving as Defendant’s counsel and whether Tseng intends to remain counsel to Defendant if the instant motion is granted.  Both Counsel and Tseng are to be present for the hearing.

If the Court is satisfied that Defendant remains represented by Tseng, the unopposed motion is likely to be granted, but the ruling is effective upon filing proof of service of the final order. 

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 15^th day of December 2022