Judge: Audra Mori, Case: 21STCV43854, Date: 2022-12-16 Tentative Ruling

Case Number: 21STCV43854    Hearing Date: December 16, 2022    Dept: 31

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

Co-Plaintiff Angel Mermis’ (“Plaintiff”) attorney of record, Andrew J. Marton (“Counsel”), moves to be relieved as counsel asserting that there has been a breakdown in the attorney-client relationship, and that Counsel cannot carry out its representation of Plaintiff.  Counsel has filed proof of service on Plaintiff and Defendants. 

Counsel indicates that the moving papers were served on Plaintiff by email.  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 motion.

Further, Counsel provides that it has been unable to confirm Plaintiff’s address as current.  However, Counsel did not serve the moving papers on the Clerk of the Court- located at Stanley Mosk Courthouse- as required under CCP §1011 and California Rules Court, rule 3.1362(d) when the motion cannot be served at a confirmed address. 

            Nevertheless, despite the above defects, on November 3, 2022, Counsel filed a supplemental proof of service providing that after the motion was filed, Plaintiff emailed Counsel and provided her address.  Counsel attests the moving papers were then mailed to Plaintiff at the address provided.  Counsel, thus, now provides evidence showing the motion was properly served on Plaintiff at a confirmed address. 

The motion is unopposed and granted; the ruling is effective upon filing proof of service of the final order.  The Court notes the next scheduled matter is the Final Status Conference set for May 17, 2023, and trial is not scheduled until May 31, 2023.  Therefore, there is sufficient time for Plaintiff to seek other counsel or otherwise prepare for trial.

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 16^th day of December 2022