Judge: Audra Mori, Case: 22STCV06763, Date: 2022-09-12 Tentative Ruling

Case Number: 22STCV06763    Hearing Date: September 12, 2022    Dept: 31

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

Plaintiffs Junning Fu’s and Nadia Fu’s (collectively, “Plaintiffs”) attorney of record, Jasmine Mines, Esq. (“Counsel”), moves be relieved as counsel contending relief is necessary because irreconcilable differences exist between Plaintiffs and Counsel that preclude Counsel from further representing Plaintiffs.  Counsel declares they served the moving papers on their clients via mail at the clients’ last known address after confirming the address on the retainer agreement is correct.  Counsel has filed proof of service on Plaintiffs and on Defendants. 

            However, Counsel filed the instant motion on August 31, 2022, and the proof of service shows the motion was served on Plaintiffs and Defendants on August 30, 2022, which was only eight court days before this hearing.  “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).)  Accordingly, Counsel was required to file and serve the moving papers by August 18, 2022.

            Although the motion can be denied on this ground alone, the Court notes the following defects with Counsel’s declaration: Counsel failed to provide the attorney and party names in item 1; Counsel failed to complete item 3a to indicate how Plaintiffs were served; Counsel did not check any box at item 3b(1), and Counsel failed to indicate at item 6 that, and when, this matter is set for trial. 

            Based on the foregoing, the motion is denied without prejudice.

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 12^th day of September 2022