Judge: Elaine Lu, Case: 23STCV20867, Date: 2024-02-07 Tentative Ruling

Case Number: 23STCV20867    Hearing Date: February 7, 2024    Dept: 26

Michael F. Baltaxe, Sottile Baltaxe, Steven Wolfson, and the Law Offices of Steven Wolfson (collectively “Counsel”), move to be relieved as counsel of record for Plaintiff Maia Holts (“Client”).  Counsel filed their respective motions to be relieved as counsel on January 8, 2024.

Counsel have filed forms MC-051 and MC-052 and have 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 state they have confirmed as current within 30 days of the motion by private investigator on December 29, 2023.

Counsel state that Client's failure to communicate has led to a breakdown of the attorney-client relationship rendering it unreasonably difficult for Counsel to carry out representation effectively.

Counsel are 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, each proposed order lodged with the Court must be amended so that it identifies all upcoming hearings and lists the address of the Court in all items. 

Item 6: The proposed order must list Client’s address for service in item 6.

Item 7b: “Case Management Conference and Order to Show Cause Re: Entry of Default”

-       Item 13:  “Moving Counsel are 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 present their respective corrected proposed orders at or before the hearing on these motions, the motions to be relieved as counsel will be granted.  Otherwise, the motions 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 file 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.