Judge Audra Mori, Case 22STCV14872 2022-09-28 Tentative Ruling

Judge: Audra Mori, Case: 22STCV14872, Date: 2022-09-28 Tentative Ruling

Case Number: 22STCV14872 Hearing Date: September 28, 2022 Dept: 31

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

JEROME OVDIN DUBOSE,

Plaintiff(s),

vs.

ISRAEL ALEGRIA MORALES, ET AL.,

Defendant(s).

)

Case No.: 22STCV14872

[TENTATIVE] ORDER DENYING WITHOUT PREJUDICE MOTION TO BE RELIEVED AS COUNSEL

Dept. 31

1:30 p.m.

September 28, 2022

Plaintiff Jerome Ovdin Dubose’s (“Plaintiff”) attorney of record, Joseph Shashaty, Esq. (“Counsel”), moves to be relieved as counsel contending a breakdown in the attorney-client relationship inhibits Counsel’s capacity to represent Plaintiff.

After Counsel filed the motion on August 15, 2022, Counsel filed an Amended Motion on September 13, 2022, and a Second Amended Motion on September 16, 2022. However, these amended motions were filed only ten and seven court days before the instant hearing, which provides insufficient notice of the moving papers. (CCP § 1005.)

Moreover, there is no proof of service of the motion, declaration, and proposed order on Plaintiff and all other parties who have appeared in the case. (Cal. Rules of Court, rule 3.1362(d).)

Based on the foregoing, moving Counsel’s motion to be relieved 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 28^th day of September 2022

Hon. Audra Mori

Judge of the Superior Court