SUPERIOR COURT OF THE STATE OF CALIFORNIA  

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT 

 

 

Plaintiff Kirk Leroy Peterson’s (“Plaintiff”) attorney of record, Peter Hakim, Esq. (“Counsel”), seeks to be relieved as counsel, contending Plaintiff is dead and Counsel cannot locate an heir to serve as Plaintiff’s successor in interest.  Counsel declares it served the moving papers on Plaintiff via mail at the client’s last known address.  Counsel did not file proof of service on Plaintiff.   

 

Counsel declares it used a “TLO” to determine that Plaintiff is deceased.  Counsel does not provide any details about what a TLO entails, and moreover, fails to provide any documentary evidence, such as a Death Certificate, to support counsel’s declaration.  Counsel further states that it is unable to locate an heir to whom Plaintiff’s claim could be assigned but provides no information about what it has done to locate an heir.  As insufficient evidence has been presented, the motion is denied without prejudice to refiling. 

 

Counsel is ordered to give notice.   

 

Parties who intend to submit on this tentative must send an email to the court at sscdept31@lacourt.org indicating intention to submit on the tentative as directed by the instructions provided on the court website at www.lacourt.org.¿ If the department does not receive an email indicating the parties are submitting on the tentative and there are no appearances at the hearing, the motion may be placed off calendar.  If a party submits on the tentative, the party’s email must include the case number and must identify the party submitting on the tentative.  If the parties do not submit on the tentative, they should arrange to appear remotely. 

 

Dated this 6th day of January 2023