Judge: Jon R. Takasugi, Case: 21STCV18016, Date: 2022-09-15 Tentative Ruling

Case Number: 21STCV18016    Hearing Date: September 15, 2022    Dept: 17

Superior Court of California

County of Los Angeles

DEPARTMENT 17

TENTATIVE RULING

            DAG Law Firm, APC’s Motion to be Relieved as Counsel for Plaintiff Neely is GRANTED.

Legal Standard

Motions to withdraw are routinely granted if made in the proper form and presented with proper notice.  The court may issue an order allowing an attorney to withdraw from representation, after notice to the client.  (Code Civ. Proc., § 284(2).)

            CRC Rule 3.1362 requires motions to be relieved as counsel pursuant to CCP section 284(2) be made on Judicial Council Forms MC-051 (Notice of Motion and Motion), MC-052 (Declaration), and MC-053 (Proposed Order).  (Cal. Rules of Court, rule 3.1362.)  Furthermore, the requisite forms must be served on the client and all other parties who have appeared in the case.  (Id., rule 3.1362(d).)  If the client is served by mail, there must be a declaration showing confirmation of the service address within the past 30 days or that the service address is the last known residence or business address of the client and the attorney has been unable to locate a more current address after making reasonable efforts to do so within 30 days before the filing of the motion.  (Id.)  Additionally, CCP section 1011(b) applies if service is by mail.  (Id.)

Discussion

            DAG Law Firm, APC seeks to be relieved as counsel of record for Plaintiff David Neely (“Neely”).

            Counsel has submitted forms MC-051, MC-052, and MC-053 in seeking to be relieved as counsel.

            While counsel has not served the moving papers on Plaintiff Neely, counsel explains that they believe Neely is deceased pursuant to notification from neighbor and co-defendant Rosa Lopez.  Counsel declares that they were informed Neely has no next of kin; that they called the number for his emergency contact on his rental application but the line was disconnected; that they did an online search and mailed letters to potential next of kin on May 6, 2022 and have not received any response; and that they have been unable to locate an obituary.  Counsel declares that as they have no information for a next of kin or probate action, they have no choice but to request to be relieved as counsel. 

            The Court finds that, as the client is likely deceased and counsel has been unable to locate next of kin after making reasonable efforts to do so, there is good cause to permit counsel to be relieved as counsel of record.  Counsel has otherwise complied with CRC Rule 3.1362 requirements.

Based on the foregoing, the motion to be relieved as counsel is granted.

It is so ordered.

Dated:  September    , 2022

   Hon. Jon R. Takasugi
   Judge of the Superior Court

Parties who intend to submit on this tentative must send an email to the court at smcdept17@lacourt.org by 4 p.m. the day prior as directed by the instructions provided on the court website at www.lacourt.org.  If a party submits on the tentative, the party’s email must include the case number and must identify the party submitting on the tentative.  If all parties to a motion submit, the court will adopt this tentative as the final order.  If the department does not receive an email indicating the parties are submitting on the tentative and there are no appearances at the hearing, the motion may be placed off calendar. 

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