Judge: Elaine Lu, Case: 21STCV26868, Date: 2023-08-30 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
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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: 21STCV26868    Hearing Date: August 30, 2023    Dept: 26

Counsel Bryan Castorina (“Counsel”) moves to be relieved as counsel for Defendant/Cross-Complainant Sergio Moreno Morales (“Client”). On August 4, 2023, Counsel filed the instant motion to be relieved as counsel.

Counsel has filed a form MC-051 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 personally visiting Client’s address (FCS Group, Inc., 333 City Blvd. West Ste. 1700, Orange, CA 92868) on August 1, 2023 and speaking with the receptionist (Debbie), who confirmed that the address was Client’s current mailing address and that Client would receive any mail sent to that address.

 

Counsel states that there has been a break down in the attorney-client relationship such that Counsel can no longer represent Client.  Specifically, Client has not communicated with Counsel for over three months.

Counsel is ordered to appear at the hearing and submit a corrected proposed order on form MC-053. Based on the notice of motion and the declaration filed by counsel, the Court is inclined to grant the motion. However, the proposed order lodged with the Court has not been properly completed. Counsel must submit a revised proposed order at or before the hearing on this motion. 

The proposed order must identify all upcoming hearings and list the address of the Court in all items.  The proposed order must be revised to correct the following:

-        In Item 3: check off 3(b).

-        The proposed order must list Client’s address for service in item 6: FCS Group, Inc., 333 City Blvd. West Ste. 1700, Orange, CA 92868; (626) 367-3432; sergio@fcs-grp.com

-        In Item 13:  “Failure to appear for court hearings and/or trial may result in entry of default and default judgment against Defendant and/or dismissal of the Cross-Complaint.  Moving Counsel is ordered to serve all parties, including Client, with a copy of this signed order and file proof of service of such within three days.”

 

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 St., Dept. 26, L.A., 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 presents the proof of service along with the corrected MC-053 at or before the hearing on this motion, the motion to be relieved as counsel will be granted.  Otherwise, the motions may be continued or denied without prejudice.

Counsel should note that after the orders are signed, the orders will only become effective upon the filing of a proof of service of a signed copy of each order on each client. Counsel will remain the attorney of record until Counsel files with the Court proof of service of the signed orders. Counsel will be ordered to serve a copy of the signed orders (MC-053) on all parties, including Client, within three days.