Judge: Curtis A. Kin, Case: 24STCV11217, Date: 2024-10-31 Tentative Ruling

Case Number: 24STCV11217    Hearing Date: October 31, 2024    Dept: 86

MOTION TO BE RELIEVED AS COUNSEL

Date:               10/31/24 (1:30 PM) 

Case:               Coalition for the Defense of the Colorado Blvd. Specific Plan v. City of Los Angeles, et al. (24STCV11217) 

TENTATIVE RULING:

Counsel Corin L. Kahn’s Motion to be Relieved as Counsel for plaintiff Coalition for the Defense of the Colorado Blvd. Specific Plan is CONTINUED to November 14, 2024, at 1:30 PM, in Department 86 (Stanley Mosk Courthouse).

The (1) Notice of Motion and Motion to Be Relieved as Counsel and (2) Proposed Order Granting Attorney’s Motion to Be Relieved as Counsel (Judicial Council Form MC-053) do not have any proof of service on the client or other parties attached.  Nonetheless, the Proposed Order at item 3 contains a finding that the attorney personally served the client, without apparently no basis for such finding.

Counsel for petitioner fails to allege whether counsel has confirmed the email address for the client that is on the proof of service of the supporting declaration within 30 days before the filing of the instant motion, as is required by Cal. Rule of Court 3.1362(d).

There is a discrepancy between the email address for Jessica McLean on the proofs of service provided and the proposed order. The email address on the proofs of service is “Jessicawethingtonmcclean@gmail.com.” The email address on item 6 of the proposed order is “Jessica.wethingtonmcclean@gmail.com,” with a period between “Jessica” and “wethingtonmcclean@gmail.com.” Given that counsel has not confirmed the accuracy of any email address for the client, it is unclear what the client’s email address actually is.

Item 6 of the Proposed Order mentions the address of Kurt Voelker. The moving papers do not explain who this person is.

The Court, on its motion, continues the Trial Setting Conference in this matter from November 14, 2024, to December 19, 2024, at 1:30 p.m., in Department 86 of the Stanley Mosk Courthouse, 111 N. Hill Street, Los Angeles, CA 90012.  Items 7 and 8 of the Proposed Order should reflect this information.

No later than nine (9) court days before the continued hearing date, counsel shall serve and file supplemental papers that remedy the defects indicated above. No later than 11/1/24, counsel is ordered to serve and file notice of the continuance of the hearing to the client and all parties.