Judge: Elaine Lu, Case: 23STCV14282, Date: 2025-02-18 Tentative Ruling

Case Number: 23STCV14282    Hearing Date: February 18, 2025    Dept: 9

Superior Court of California

County of Los Angeles

Spring Street Courthouse, Department 9

On December 26, 2024, Attorney Blake Woodhall, Esq. and Herman Law (collectively “Counsel”), filed the instant motion to be relieved as counsel for Plaintiff Yumiko Davis-Keahey (“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 which Counsel states she has confirmed as current within 30 days of the motion by mail, return receipt requested.

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 8 add: 7/21/25 OSC re Sanctions for Failure to File Certificate of Merit under Code of Civil Procedure § 340.1(f) at 10:00 a.m. in Dept. 9 of the Spring Street Courthouse, 312 North Spring Street, Los Angeles, CA, 90012.  As paragraph 1 of the Complaint notes, Plaintiff was an adult individual, who was over the age of forty (40) years old at the time Plaintiff filed the Complaint. Therefore, Plaintiff is required to file a declaration from a mental healthcare practitioner, and an attorney declaration

for each named defendant in this Action, pursuant to the requirements of Code of Civil Procedure §340.1. Moreover, each named defendant in this action shall be named as a “DOE” pursuant to the requirement of Code of Civil Procedure §340.1(n), until such time as a declaration of corroborative fact has been approved by the Court.  Plaintiff stated in the Complaint that Plaintiff would comply with the requirements of Code of Civil Procedure §340.1, but Plaintiff has failed to do so.  Plaintiff is ordered to file no later than May 19, 2025: a declaration from a mental healthcare practitioner, an attorney declaration for each named defendant in this Action, a declaration of corroborative fact, and a certificate of merit pursuant to the requirements of Code of Civil Procedure §340.1. Failure to file a declaration from a mental healthcare practitioner, an attorney declaration for each named defendant in this Action, a declaration of corroborative fact, and a certificate of merit prior to May 1, 2025 may result in the complaint being stricken.

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.

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 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