Judge: John J. Kralik, Case: 23BBCV00079, Date: 2023-09-08 Tentative Ruling

Case Number: 23BBCV00079    Hearing Date: September 8, 2023    Dept: NCB

 

Superior Court of California

County of Los Angeles

North Central District

Department B

 

 

duane aikins,

                        Plaintiff,

            v.

 

nathan benshitrit,

 

                        Defendant.

 

  Case No.:  23BBCV00079

 

  Hearing Date:  September 8, 2023

 

 [TENTATIVE] order RE:

motion to be relieved as counsel

 

 

Plaintiff’s counsel, Vartkes Artinian of The Barnes Firm LC (“Counsel”), moves to be relieved as counsel for Plaintiff Duane Aikins (“Plaintiff”). 

Counsel filed this instant motion to be relieved as counsel on August 15, 2023.  Counsel has filed the requisite forms pursuant to CRC Rule 3.1362. 

According to the declaration of Counsel, Counsel seeks to be relieved as counsel because there has been an irreconcilable breakdown in the attorney-client relationship.  (MC-052, §2.)  For these reasons, Counsel seeks to withdraw from representing Plaintiff in this action. 

Counsel properly served Plaintiff at his last known mailing address, which Counsel was unable to confirm after making efforts to mail the motion papers to Plaintiff’s last known address, return receipt requested; calling Plaintiff’s last known telephone number(s); and conducting a TransUnion TLOxp’s skip trace showing that his address is in Palm Coast, Florida.  (MC-052, § 3(b)(2).)  Counsel states that his office has attempted to contact Plaintiff multiple times by phone, email, and mail, but he remains unresponsive to their attempts to reach him, rending it unreasonably difficult to continue representation.  (Id., § 3(c).)  The Court notes that Defendant has not yet been served with the summons and complaint in this action.

As for future hearing dates, the Case Management Conference and OSC re: Failure to File Proof of Service of the Summons and Complaint is set for November 2, 2023.  There is no trial date set.  Thus, there is sufficient time for Plaintiff to obtain substitute counsel.

Accordingly, the motion to be relieved as counsel is granted.  The order electronically lodged by Counsel will be signed at the hearing.  The order will become effective upon the filing of a proof of service of a signed copy of the order on Plaintiff. 

Notice to be provided by Counsel.