Judge: Elaine Lu, Case: 22STCV15252, Date: 2022-12-20 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
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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: 22STCV15252 Hearing Date: December 20, 2022 Dept: 26
|
charles
chang, et al. Plaintiffs, v. juice krate
media group, llc, et al. Defendants. |
Case No.: 22STCV15252 Hearing Date: December 20, 2022 [TENTATIVE]
order RE: motion to be relieved as counsel |
Defense counsel, Shanen R. Prout (“Counsel”),
moves to be relieved as counsel for Defendant Michael G. Weist III (“Client”).
On September 16, 2022, Counsel filed the instant motion to be relieved as
counsel. On October 21, 2022, the Court
continued the instant motion to November 14, 2022 requesting briefing from
Counsel as to the propriety of the Court carving out an exception to the
bankruptcy stay to allow Counsel to move to be relieved as counsel for
Client. (Minute Order 10/21/22.) In addition, the Court ordered Counsel to
file and serve a supplemental declaration regarding additional efforts to
locate a current physical address of Client and to file and serve an amended
proposed order identifying either a physical address for Client confirmed as
current within the last 30 days or all last known contact information and
addresses (including phone numbers and email addresses) for Client. (Minute Order 10/21/22.) On November 14, 2022, the Court continued the
instant motion to December 20, 2022 as the supplemental declarations failed to
confirm the Client’s address as current within 30 days of Counsel’s motion to
be relieved. (Minute Order
11/14/22.)
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. On November
4, 2022, Counsel filed a supplemental declaration, supplemental order, and
supplemental brief as requested. On
December 13, 2022, Counsel filed a second supplemental declaration in support
and an amended order.
As noted in supplemental briefing, “the
Ninth Circuit has ‘consistently held that the automatic stay does not apply to
suits against nondebtors.’ [Citation.]”
(Strobel v. Johnson & Johnson (2021) 69 Cal.App.5th 34,
830.) Accordingly, the automatic bankruptcy
stay does not stay the action as to nondebtors – i.e., such as Client (Michael
G. Weist III).
Counsel states that there has been a break
down in the attorney-client relationship such that Counsel can no longer
represent Client, Client refuses to sign a substitution of Counsel form, and
Client has stopped paying bills.
The second updated MC-052 form states that
Counsel served Client via mail at Client’s last known mailing address, which
Counsel states he has been confirmed as current within 30 days of the motion by
mail return receipt requested. Counsel
has also included the proof of delivery from the United States Postal Service.
Based on the foregoing, Counsel’s motion
to be relieved as counsel for Michael G. Weist III is GRANTED. 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.
As Counsel has moved to be relieved only
as to Michael G. Weist III, Counsel Shannen R. Prout remains counsel of record
for Defendant Juice Krate Media Group LLC.
In light of Juice Krate Media Group’s pending bankruptcy, the Court will
stay this action in its entirety as to all parties for all purposes. A status conference regarding the status of
the bankruptcy is set for April 19, 2023 at 8:30 am. This status conference date will be added to
the amended proposed order.
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.
DATED: December 20, 2022 ___________________________
Elaine
Lu
Judge
of the Superior Court