Judge: Elaine Lu, Case: BC692993, Date: 2024-01-05 Tentative Ruling

Case Number: BC692993    Hearing Date: February 5, 2024    Dept: 26

Plaintiff’s counsel, Johnson & Johnson LLP (“Counsel”), moves to be relieved as counsel of record for Plaintiff Vatche Papazian (“Client”).  Counsel filed the instant motion to be relieved as counsel on January 11, 2024 and a notice of errata on January 12, 2024.

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 previously serving the motion to Client’s email address and mailing address without any bounce back, contacted Client’s former bankruptcy counsel who confirmed the address, confirmed the address through bankruptcy filings by Client, and checking with the Nevada Secretary of State’s business entity search showing that Client actively runs two businesses from the address.  (Miles Decl. ¶¶ 3-9, Exhs. 1-4.)  Counsel also served this motion on all other parties in the case.

Counsel states that there has been an irreparable breakdown in the working relationship between Counsel and Client.

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 following additions must be made to the proposed order:

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

-       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.