Judge: John J. Kralik, Case: 23BBCV02229, Date: 2024-01-26 Tentative Ruling
Case Number: 23BBCV02229 Hearing Date: January 26, 2024 Dept: NCB
North
Central District
|
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