Judge: Deborah C. Servino, Case: 30-2017-00950638, Date: 2023-06-16 Tentative Ruling

Pettit Kohn Ingrassia Lutz & Dolin PC’s motion to be relieved as counsel for Defendant Kmart Corporation, is denied without prejudice.

There is no proof of service showing that the documents filed, including the notice of motion and motion, and supporting declaration, and proposed order were served upon Plaintiff or Kmart Corporation. (Cal. Rules of Court, rule 3.1362(d).)  Although the supporting declaration indicates that Kmart Corporation has been served by mail at the last known address, a proof of service is still required.

On January 13, 2023, the Court granted Plaintiff's counsel's motion to be relieved as counsel for Plaintiff.  (1/13/2023 Minute Order.)  That order was effective on January 18, 2023.  The signed order was served upon defense counsel.  (ROA 90.)  Defense counsel did not file a proof of service showing that Plaintiff, who now represents herself, was served.  (Code Civ. Proc., § 1010.)  Accordingly, the motion is denied without prejudice.

BANKRUPTCY STATUS REVIEW

ORDER TO SHOW CAUSE RE: DISMISSAL BASED ON BANKRUPTCY COURT'S PERMANENT INJUNCTION

Notice of the hearing on the order to show cause was properly given.  Pursuant to the Bankruptcy Court's October 15, 2019 order confirming the modified second amended Chapter 11 plan, Plaintiff is permanently enjoined from proceeding with this case.  According to the Chapter 11 plan, the exclusive remedies of unsecured creditors is through the bankruptcy cases.  (Exh. 1, at § 15.8.)  This action is dismissed without prejudice.

Pettit Kohn Ingrassia Lutz & Dolin PC shall give notice of the ruling and of the dismissal to its client and Plaintiff.