Judge: Audra Mori, Case: 21STCV40802, Date: 2022-11-07 Tentative Ruling

Case Number: 21STCV40802    Hearing Date: November 7, 2022    Dept: 31

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

Plaintiff Domitila Niebla Franco’s (“Plaintiff”) attorney of record, Makkabi Law Group, APC (“Counsel”), moves to be relieved as counsel. 

This matter was last set for hearing on October 3, 2022, but due to technical difficulties, was continued to November 7, 2022.  (Min. Order, Oct. 3, 2022.) 

Counsel declares that attorney-client communications have broken down, and that Plaintiff has been unwilling to cooperate or accept Counsel’s representations about settlement of the case.  Counsel has filed proof of service of the moving papers on Plaintiff.

Counsel declares the moving papers were served on Plaintiff at a confirmed address.  Counsel declares he confirmed the address through certified mail, return receipt.  However, 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).)  The Court will, therefore, require a copy of the signed return receipt at the time of the hearing.  Counsel may file a copy of the signed return receipt electronically prior to the hearing.

If Counsel appears and satisfies for the Court that Plaintiff’s address is confirmed, the motion will be granted.  Relief will be effective upon filing proof of service of the final order on Plaintiff. 

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 7^th day of November 2022