Judge: Elaine Lu, Case: 23STCV14018, Date: 2025-02-18 Tentative Ruling

Case Number: 23STCV14018    Hearing Date: February 18, 2025    Dept: 9

Superior Court of California

County of Los Angeles

Spring Street Courthouse, Department 9

On December 30, 2024, Attorney Blake Woodhall, Esq. and Herman Law (collectively “Counsel”), filed the instant motion to be relieved as counsel for Plaintiff Ashley Headtomomewo (“Client”).

Counsel has filed a form MC051 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.  However, Counsel has not been able to confirm the Client’s last known address as current despite (1) mailing the motion papers to the Client’s last known address, return receipt requested, (2) calling the Client’s last known telephone number, (3) utilizing investigators to locate and speak with anyone familiar with the Client, (4) having multiple investigators conduct multiple searches to locate the client, and (5) calling, texting, emailing, and mailing every possible phone number, email, and mailing address with no response.  Counsel further asserts that the Court should grant the instant motion despite the lack of confirmation of Client’s address because “Client provided an invalid, non-existent mailing address at the time that she DocuSigned the retainer agreement on 2/28/23. Since that date, the client has not responded to any phone calls, texts, emails, or attempted mailings sent to every possible phone number, email address, and potential mailing address.”  (MC-052.) 

Counsel states that there has been a breakdown in communication between Counsel and Client resulting in a fundamental disagreement as to the handling of this matter.

Counsel is ordered to electronically file a new and revised proposed order on form MC-053 by 12 noon on February 18, 2025.  Provided that such new and revised proposed order is electronically filed at that time, the Court is inclined to grant the motions based on the declaration Counsel has filed. 

1.     In item 6, an email address for Client if possible.

2.     In item 7(a) change: the hearing time from 10:00 am to 8:30 am

3.     In item 13:  add “Counsel is ordered to file proof of service of a signed copy of this order on all parties, including the client, within 5 days.  Because Counsel has been unable to verify the client’s current address, service must be made according to CCP § 1011(b)(3) [“[i]f the party's residence is not known, any attempt of service pursuant to this subdivision may be made by delivering the notice or papers to the clerk of the court, for that party.”] and CRC, Rule 3.252.”

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: “Spring Street Courthouse, 312 N. Spring Street, Dept. 9, 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 five days.  Counsel should also note that when Counsel has been unable to verify the client’s current address, then service must be made according to CCP § 1011(b)(3) and CRC, Rule 3.252

Counsel is ordered to serve copies of the instant order and the signed form MC-053 order on all parties, including Client, and file proof of service of such within 5 days.

DATED: February 18, 2025                                       ___________________________

                                                                              Elaine Lu

                                                                              Judge of the Superior Court