Judge: Elaine Lu, Case: 19STCV07425, Date: 2022-07-29 Tentative Ruling
1. If you wish to submit on the tentative ruling,
please email the clerk at SMCdept26@lacourt.org (and “cc” all
other parties in the same email) no later than 7:30 am on
the day of the hearing, and please notify all other parties in advance that you
will not be appearing at the hearing. Include the word "SUBMISSION" in all caps in the
subject line and include your name, contact information, the case number, and
the party you represent in the body of the email. If you submit on the
tentative and elect not to appear at the hearing, the opposing party may
nevertheless appear at the hearing and argue the motion, and the Court may
decide not to adopt the tentative ruling.
2.
For any motion where no parties submit to the tentative ruling in
advance, and no parties appear at the motion hearing, the Court may elect to
either adopt the tentative ruling or take the motion off calendar, in its
discretion.
3. PLEASE DO NOT USE THIS
EMAIL (SMCdept26@lacourt.org) FOR ANY PURPOSE OTHER THAN TO SUBMIT TO A TENTATIVE
RULING. The Court will not read or
respond to emails sent to this address for any other purpose.
4. IN ORDER TO IMPLEMENT
PHYSICAL DISTANCING GOING FORWARD AND UNTIL FURTHER NOTICE, THE COURT STRONGLY
ENCOURAGES ALL COUNSEL AND ALL PARTIES TO APPEAR TELEPHONICALLY FOR NON-TRIAL
AND NON-EVIDENTIARY MATTERS. Thus, until further
notice, Department 26 strongly encourages telephonic appearances for motion
hearings that do not require the presentation of live testimony.
Case Number: 19STCV07425 Hearing Date: July 29, 2022 Dept: 26
147-151 W. 25TH ST., LLC, Plaintiff, v. GRG Collective,
llc, et al., Defendants. |
Case No.: 19STCV07425 (Consolidated with 19STCV39298) Hearing Date: July 29, 2022 [TENTATIVE]
order RE: motion to be relieved as counsel |
On June 29, 2022, Koletsky, Mancini,
Feldman & Morrow LLP (“Counsel”), filed the instant motion to be relieved
as counsel for Defendant/Cross-Complainant Yun Taek
Kang (“Client”).
Counsel has filed a form MC051 and MC-052
and has lodged with the Court a copy of the proposed order on form MC-053
pursuant to CRC Rule 3.1362.
The MC-052 form states that Counsel served
Client via mail at Client’s last known mailing address which Counsel states he
has confirmed as current within 30 days of the motion by telephone, conversation,
and by personal inquiry at known address location.
Counsel states that Client is no longer
communicating with counsel and has not executed a substitution counsel, making
it unreasonably difficult to carry out Counsel’s responsibilities.
Counsel is ordered to electronically file
a revised proposed order on form MC-053 prior to the hearing on this motion and
file proof of service on all parties in the instant action. Based on the notice
of motion and the declaration filed by Counsel, the Court is inclined to grant
the motion. The proposed order must identify all upcoming hearings and list the
address of the Court in all items. The
proposed order on form MC-053 must include the following additional language:
-
In Item 6: Client’s current phone number
and, if available, email address, for service.
-
In
Item 9, Counsel must also include the following language “Failure to appear at
trial will result in: (1) the Court deeming that Defendant (Client) waives
Defendant Client’s appearance for trial, (2) the trial proceeding in Defendant
Client’s absence, (3) the entry of judgment against Defendant Client in any
amount of damages proven at trial, and (4) dismissal of Defendant Client’s Cross-Complaint.”
-
In
Item 13, “Moving Counsel is ordered to file proof of service of this signed
order on all parties, including Client, within 3 court days. Moving Counsel’s failure to file such proof
of service will automatically result in the instant order being vacated.”
Counsel is responsible for determining if
there are any other hearings scheduled or due dates for discovery for this
case, including any motions hearings, which must all be listed in the proposed
order. For each hearing, Counsel must
state the date, time, and location of the hearing (“111 N. Hill Street, Dept.
26, Los Angeles, CA 90012”). For each due date for discovery, Counsel must
identify the nature of the discovery responses that are outstanding, the due
date, and the address where verified responses must be sent.
Provided that Counsel electronically files
a revised proposed order before the hearing on this motion and serve all
parties the instant motion, the motion to be relieved as counsel will be
granted. Otherwise, the motion will be
denied without prejudice.
The corrected Orders will be signed and
filed, and Counsel will be relieved as counsel of record for Yun Taek Kang,
effective only upon Counsel’s filing of the proofs of service of the signed
Orders upon Yun Taek Kang. Counsel will
remain the attorney of record until Counsel files proof of service of the
signed order on all parties, including Yun Taek Kang.
Counsel is ordered to serve copies of the
instant order and the signed form MC-053 order on all parties, including Yun
Taek Kang and file proof of service of such within 3 days.
DATED:
July 29, 2022 ___________________________
Elaine
Lu
Judge
of the Superior Court