Judge: Elaine Lu, Case: 22STCV11499, Date: 2023-02-17 Tentative Ruling

Case Number: 22STCV11499    Hearing Date: February 17, 2023    Dept: 26

Defense counsel, Elliot S. Blut (“Counsel”), moves to be relieved as counsel for Defendant Marilyn Batchelor (“Client”). On December 23, 2022, Counsel filed the instant motion to be relieved as counsel.  At the initial hearing on this motion on February 8, 2023, the Court granted Client’s oral request to continue the instant motion from February 8, 2023 to February 17, 2023 and allowed Client to file a written opposition no later than February 15, 2023.  (Minute Order 2/8/23.)  However, no opposition was timely filed.

Counsel has filed a form MC-051 and MC-052 pursuant to California Rules of Court, Rule 3.1362.  On February 9, 2023, Counsel filed a proposed order on MC-053  as required by California Rules of Court, Rule 3.1362(e).

Counsel states that there has been a “breakdown in communication such that withdrawal at this time is required.”  The proposed order states that Counsel served Client via mail at Client’s current mailing address that was confirmed in open court by Client on February 8, 2023.  (Minute Order 2/8/23.)

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 7(a) (next scheduled hearing) correct the date and provide the address for the Final Status Conference: May 24, 2023 at 9:030 am at 111 N. Hill St., Dept. 26, L.A., CA 90012.”

-          In item 9(b), add the following language: “Bench Trial, June 5, 2023 at 9:30 am at 111 N. Hill St., Dept. 26, L.A., CA 90012.  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.”

-          Also in Item 13:  “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, 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, the motion to be relieved as counsel will be granted.  Otherwise, the motion 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.