Judge: John J. Kralik, Case: 24BBCV00191, Date: 2024-08-02 Tentative Ruling
Case Number: 24BBCV00191 Hearing Date: August 2, 2024 Dept: NCB
North
Central District
|
stephen
harold smith, Plaintiff, v. john doe, Defendant. |
Case No.: 24BBCV00191 Hearing Date: August 2, 2024 [TENTATIVE]
order RE: motion to be relieved as counsel |
Plaintiff’s counsel, Malek H. Shraibati,
Esq. (“Counsel”), moves to be relieved as counsel for Plaintiff Stephen Harold
Smith (“Plaintiff”).
Counsel filed this instant motion to be
relieved as counsel on June 10, 2024. 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 significant breakdown
in the attorney-client relationship, which has impeded Counsel’s ability to
effectively prosecute the case and represent Plaintiff’s interests. (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. Counsel
states that he has been unable to confirm the address, but made efforts to mail
the papers with return receipt requested, called Plaintiff’s last known
telephone number, contacted persons familiar with Plaintiff (emergency
contact), and commissioned the services of a private investigator. Defendant
has not yet been served with the summons and complaint.
As for future hearing dates, the Case
Management Conference is set for October 15, 2024. A trial date has not yet 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: August 2, 2024 ___________________________
John
J. Kralik
Judge
of the Superior Court