Judge: John J. Kralik, Case: 22STCV19090, Date: 2024-05-03 Tentative Ruling


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Case Number: 22STCV19090    Hearing Date: May 3, 2024    Dept: NCB

 

Superior Court of California

County of Los Angeles

North Central District

Department B

 

 

kingsley c. ukonu,

                        Plaintiff,

            v.

 

derick tilley and sherron tilley, trustees of the tilley living trust, et al.,

 

                        Defendants.

 

  Case No.:  22STCV19090

 

  Hearing Date:  May 3, 2024

 

 [TENTATIVE] order RE:

motion to be relieved as counsel

 

 

Plaintiff’s counsel, Alfred O. Anyia of the Law Offices of Alfred O. Anyia (“Counsel”), moves to be relieved as counsel for Plaintiff Kingsley C. Ukonu (“Plaintiff”). 

Counsel filed this instant motion to be relieved as counsel on November 13, 2023.  Counsel has filed the requisite forms pursuant to CRC Rule 3.1362.  However, the MC-053 proposed order form was rejected by the clerk of the court as it did not properly fill out Item 6. 

According to the declaration of Counsel, Counsel seeks to be relieved as counsel because Plaintiff passed away on August 19, 2022 and the administrators of the estate have declined to proceed with the case.  (MC-052, §2.)  For these reasons, Counsel seeks to withdraw from representing Plaintiff in this action. 

Counsel properly served Plaintiff’s administrators at their email addresses, which was confirmed by contacting the administrators (Michelle Quillen and Erika Ochoa) of the estate of the deceased Plaintiff within the past 30 days of filing the motion.  

As for future hearing dates, a Case Management Conference is set for July 2, 2024.  Thus, there is sufficient time for Plaintiff’s administrators to obtain substitute counsel if they intend to proceed with this action.

Accordingly, the motion to be relieved as counsel is granted.  The Order to be Relieved as counsel was rejected because counsel failed to complete number 6 on the form.  Counsel  must  electronically file a corrected Order to be signed by the Court.  The order will become effective upon the filing of a proof of service of a signed copy of the order on Plaintiff’s administrators. 

Notice to be provided by Counsel.

 

           

DATED: May 3, 2024                                                                        ___________________________

                                                                                          John J. Kralik

                                                                                          Judge of the Superior Court