Judge: John J. Kralik, Case: 23BBCV02229, Date: 2024-01-26 Tentative Ruling

Case Number: 23BBCV02229    Hearing Date: January 26, 2024    Dept: NCB

 

Superior Court of California

County of Los Angeles

North Central District

Department B

 

 

gerardo hernandez, jr.,

                        Plaintiff,

            v.

 

michael artero,

 

                        Defendant.

 

  Case No.:  23BBCV02229

 

  Hearing Date:  January 26, 2024

 

 [TENTATIVE] order RE:

motion to be relieved as counsel

 

 

Plaintiff’s counsel, Christopher Goodroe, Esq. of the Wilshire Law Firm (“Counsel”), moves to be relieved as counsel for Plaintiff Gerardo Hernandez, Jr. (“Plaintiff”). 

Counsel filed this instant motion to be relieved as counsel on December 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 a breakdown in communication with Plaintiff and Counsel cannot actively, in good faith, move forward with the case.  (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 was confirmed by an asset and location search for Plaintiff within the past 30 days of filing the motion.  (See Shemtov Decl., ¶¶1-2.)  Defendant has not yet been served with the summons and complaint.  

As for future hearing dates, the Case Management Conference is set for February 22, 2024.  No trial date has been 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.

 

 

DATED: January 26, 2024                                                     ___________________________

                                                                                          John J. Kralik

                                                                                          Judge of the Superior Court