Judge: Audra Mori, Case: 21STCV35364, Date: 2022-10-13 Tentative Ruling

Case Number: 21STCV35364    Hearing Date: October 13, 2022    Dept: 31

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

Plaintiff Patrick Croghan’s (“Plaintiff”) attorney of record, Michael D. McLachlan (“Counsel”), seeks to be relieved as counsel contending that irreconcilable differences have arisen between Plaintiff and Counsel, so it is not possible to represent Plaintiff’s interests.  Counsel declares the moving papers were served on Plaintiff via mail at Plaintiff’s last known address.  Counsel has filed proof of service on Plaintiff and on Defendant. 

Counsel filed and served the motion by mail on Plaintiff on September 16, 2022.  “Unless otherwise ordered or specifically provided by law, all moving and supporting papers shall be served and filed at least 16 court days before the hearing.”  (CCP § 1005(b).)  Additionally, the notice period is increased by five calendar days if the motion is served by mail.  (Ibid.)  In this case, 16 court days before the hearing was September 20, 2022, with an extra five days for mailing meaning Counsel was required to file and serve the moving papers by September 15, 2022.  Counsel, thus, failed to give sufficient notice of the motion to Plaintiff. 

Therefore, the motion is denied without prejudice to Defendant re-filing the motion after complying with all applicable statutes and giving proper notice of the moving papers to all parties.

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 13^th day of October 2022