Judge: John J. Kralik, Case: EC068183, Date: 2024-01-12 Tentative Ruling

Case Number: EC068183    Hearing Date: January 12, 2024    Dept: NCB

Superior Court of California

County of Los Angeles

North Central District

Department B

Defense counsel, D. Garth Sullivan (“Counsel”), moves to be relieved as counsel for Defendant Yi Yao (“Defendant”). 

Counsel filed this instant motion to be relieved as counsel on December 4, 2023.  Counsel has filed the requisite forms pursuant to CRC Rule 3.1362.  However, on December 5, 2023, the clerk of the court rejected the MC-053 Proposed Order because sections 1-9 were not complete. 

According to the declaration of Counsel, Counsel seeks to be relieved as counsel because Counsel is not able to locate Defendant after reasonable efforts have been made, including texting, making phone calls, and sending emails, such that it appears that Defendant has disappeared.  (MC-052, §2.)  For these reasons, Counsel seeks to withdraw from representing Defendant in this action. 

Counsel attempted to serve Defendant via email.  Counsel states that he has been unable to confirm Defendant’s address or locate a more current address for his client after calling Defendant’s last known telephone number(s). 

There are no future hearing dates.  Judgment has already been entered in this action.  Thus, it appears that only post-judgment matters are at issue in this action. 

Accordingly, the motion to be relieved as counsel is granted.  Counsel is ordered to  electronically lodge a corrected and completed Order .  Defense counsel’s order was rejected because a blank order was submitted.   The order will become effective upon the filing of a proof of service of a signed copy of the order on Defendant at Defendant’s last known email address. 

Notice to be provided by Counsel.

Warning regarding electronic appearances:  All software for remote or electronic appearances is subject to malfunction based on system weakness and human error, which can originate from any of the multiple parties participating each morning. The seamless operation of the Court’s electronic appearance software is dependent on numerous inconstant and fluctuating factors that may impact whether you, or other counsel or the Court itself can be heard in a particular case. Not all these factors are within the control of the courtroom staff. For example, at times, the system traps participants in electronic purgatories where they cannot be heard and where the courtroom staff is not aware of their presence. If you call the courtroom, please be respectful of the fact that a court hearing is going on, and that the courtroom staff is doing their best to use an imperfect system. If it is truly important to you to be heard, please show up to the courtroom in the normal way. Parking is free or reasonable in Burbank.

DATED: January 12, 2024                                                     ___________________________

                                                                                          John J. Kralik

                                                                                          Judge of the Superior Court