Judge: Donald F. Gaffney, Case: Lohnes v. St. Joseph Mission Hospital, Date: 2022-12-07 Tentative Ruling

TENTATIVE RULING:

Motions to Be Relieved as Counsel of Record.

Attorney Rance Welch, and Law Office of Prussak, Welch & Avila move to be relieved as counsel of record for Plaintiffs Doreen Lohnes, Jesse Lohnes, Alexander Delfsage, Mayla Lohnes, Mariah Delaney Delfsage, Delaney Delfsage, and Brady Delfsage. For the following reasons, the motions are CONTINUED to 2/15/23 in this Department at 9:00 a.m.

Moving Attorney was ordered on 10/12/2022 to serve and file amended and/or supplemental proofs of service showing service of the moving papers on each client. Moving Attorney filed proofs of service showing each client was served by mail on 11/22/2022—just nine court days before the hearing. Code of Civil Procedure Section 1005(b) requires that “all moving and supporting papers shall be served and filed at least 16 court days before the hearing.” Furthermore, “any period of notice . . . after service of the document served by first class mail shall be extended by five calendar days if mailed within the state.” (Code Civ. Proc., § 1013(a).) Therefore, if served by mail, the deadline to serve the moving papers was 11/04/2022.

Moving Attorney is ordered to serve on each client, no later than 12/9/22, notice of the continuance of this hearing.

No later than five (5) court days before the continued hearing, Moving Counsel shall file and serve proof(s) of service of the Notice of Continuance on each client.

Moving Attorney to give notice.

Demurrers to Second Amended Complaint, Motions to Strike Portions of Second Amended Complaint, Motion to Deem RFAs Admitted. 

All remaining motions shall be continued to 2/15/23 in this Department at 9:00 a.m.

Attorney Welch to give notice.