Judge: Elaine Lu, Case: 21STCV43201, Date: 2023-01-25 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: 21STCV43201    Hearing Date: January 25, 2023    Dept: 26

Defense counsel, Richard Daggenhurst (“Counsel”), moves to be relieved as counsel for Defendant David Bogner (“Client”). On December 14, 2022, 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 conversation and by email.  Client responded confirming Client’s current address. 

Counsel states that there has been a break down in the attorney-client relationship such that Counsel can no longer represent Client.

Counsel is ordered to file and serve 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 list Client’s address for service in item 6. The proposed order must also identify all upcoming hearings and list the address of the Court in all items.  The Court’s records show the following upcoming hearings, which must all be listed in the revised proposed order:

 

-          In Item 6: Client’s current mailing address, phone number, and if available, email address, for service.

 

-          In Item 7a: “March 15, 2023 (NOT March 16, 2023) , 8:30 am, 111 N. Hill Street Dept. 26, Los Angeles, CA 90012.” 

 

-          In item 8 (additional hearings):

o   “111 N. Hill St., Dept. 26, L.A., CA 90012.”

 

o    “Final Status Conference – 6/26/23 at 9:00 am at 111 N. Hill St., Dept. 26, L.A., CA 90012”;

-          In Item 13:  “Any moving party’s failure to appear at a motion hearing will result in the motion being taken off calendar.  Failure to appear at trial will result in the Court deeming that Defendant waives Defendant’s appearance for trial, the trial proceeding in Defendant’s absence, and the entry of judgment against Defendant in any amount of damages and fees proven at trial.  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 will be 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.