Judge: Elaine Lu, Case: 22STCV22903, Date: 2024-01-08 Tentative Ruling

Case Number: 22STCV22903    Hearing Date: January 26, 2024    Dept: 26

Plaintiff has filed proof of service of the Summons and Complaint as to certain defendants who have not responded though the time for them to file a responsive pleading has lapsed, including EDGAR AYRAPETYAN.

2/28/24 at 8:30 am - OSC re sanctions for entry of default.  Plaintiff is ordered to appear on 2/28/24 at 8:30 am and explain why sanctions (including monetary sanctions of at least $500 and/or dismissal) should not be imposed for failure to cause entry of default as to all served defendants who have not responded.

If defaults have not all been entered at that time, then no later than five days before the OSC hearing, Plaintiff is also to file a declaration explaining the failure to obtain entry of defaults as to all served defendants who have not responded and explaining any and all efforts undertaken to seek their defaults. 

The Case Management Conference is continued to 2/28/24 at 8:30 am.  All parties are ordered to appear.

Failure of Plaintiff to appear at the next hearing will be deemed by the court to be Plaintiff’s consent to dismiss the entire case.

Plaintiff’s counsel, Ilya Alekseyeff (“Counsel”), moves to be relieved as counsel of record for Plaintiff Annette Zargaryan (“Client”).  Counsel filed the instant motion to be relieved as counsel on November 14, 2023.  On January 8, 2024, Counsel filed an amended proposed order and amended declaration in support of the instant motion.

Counsel has filed forms 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.

Counsel served Client at Client’s last known mailing address, which Counsel states he has confirmed as current within 30 days of the motion by conversation with Client after Client received the initial motion. Counsel also served this motion on all other parties in the case.

Counsel states that representation cannot continue as Client has breached the terms of the retainer agreement.

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.

The proposed order must check off box 5(a) [“.”

The proposed order must also 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 should all be listed in the proposed order:

-        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 including the address and Department number as follows: “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 a corrected proposed order at or 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 order is signed, the order will only become effective upon the filing of a proof of service of a signed copy of the order on Plaintiff. Counsel will remain the attorney of record until Counsel files with the Court proof of service of the signed order. Counsel will be ordered to serve a copy of the signed order (MC-053) on Plaintiff within three days.

            Moving Counsel is ordered to provide notice of this order and file proof of service of such.