Judge Audra Mori, Case BC708152 2022-09-07 Tentative Ruling

Judge: Audra Mori, Case: BC708152, Date: 2022-09-07 Tentative Ruling

Case Number: BC708152 Hearing Date: September 7, 2022 Dept: 31

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

CARMEN JULIETA AGUILAR NAVAREZ,

Plaintiff(s),

vs.

CITY WIDE TRANSPORTATION, INC., ET AL.,

Defendant(s).

)

CASE NO: BC708152

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

Dept. 31

1:30 p.m.

September 7, 2022

Plaintiff Carmen Julieta Aguilar Navarez’s (“Plaintiff”) attorney of record, Patricia D. Alabise, Esq./the Dominguez Firm, LLP (“Counsel”), seeks to be relieved as counsel. This matter was originally heard on July 28, 2022, where it was continued to September 7, 2022. To date, nothing further regarding this motion has been filed.[1]

Counsel contends there has been a breakdown in the attorney-client relationship. Counsel has filed proof of service on Plaintiff and on Defendants. Counsel declares it served the moving papers on Plaintiff via mail at Plaintiff’s last known address. However, Counsel does not provide the manner in which Plaintiff’s address was confirmed as current. (See Form MC-052 ¶ 3b(1)(a)-(d).) Counsel must state how Plaintiff’s address was confirmed as current for the court to determine whether sufficient notice was given to Plaintiff.

The motion is denied without prejudice.

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 September 2022

Hon. Audra Mori

Judge of the Superior Court

[1] At the July 28, 2022 hearing, the Court further ordered defense counsel to file a status report regarding the stay entered in this action on or about July 8, 2020, due to the insolvency of Defendants’ insurer. Defendants City Wide Transportation, Inc. and Rudik Avakyan filed a status report providing that the stay was lifted on November 24, 2020.