Judge Katherine Chilton, Case 20STLC06661 2022-12-12 Tentative Ruling

Judge: Katherine Chilton, Case: 20STLC06661, Date: 2022-12-12 Tentative Ruling

If you desire to submit on the tentative ruling, you may do so by e-mailing Dept. 25 at the Spring Street Courthouse up until the morning of the motion hearing. The e-mail address is SSCdept25@lacourt.org. The heading on your e-mail should contain the case name, number, hearing date, and that you submit. The message should indicate your name, contact information, and the party you represent. Please note, the above e-mail address is to inform the court of your submission on the tentative ruling. All other inquiries will not receive a response.
Due to overcrowding concerns of COVID-19, all parties shall make every effort to schedule a remote appearance via LACourtConnect (https://my.lacourt.org/laccwelcome) for their next hearing. The parties shall register with LACourtConnect at least 2 hours prior to their scheduled hearing time. **Please note we no longer use CourtCall**

Case Number: 20STLC06661 Hearing Date: December 12, 2022 Dept: 25

PROCEEDINGS: MOTION TO BE RELIEVED AS COUNSEL

MOVING PARTY: Counsel Sergei N. Gladkov, Esq., for Plaintiffs Gibril and Kadija Cole

RESP. PARTY: None

MOTION TO BE RELIEVED AS COUNSEL

(CCP § 284, CRC rule 3.162)

TENTATIVE RULING:

Counsel Sergei N. Gladkov’s Motion to Be Relieved as Counsel as to Plaintiffs Gibril and Kadija Cole is CONTINUED to JANUARY 17, 2023 at 10:00 a.m. in Department 25 at Spring Street Courthouse. Counsel is ordered to file supplemental papers as discussed herein at least 16 court days before the scheduled hearing. Failure to do so may result in the hearing being placed off calendar or denied.

SERVICE:

[X] Proof of Service Timely Filed (CRC, rule 3.1300) OK

[X] Correct Address (CCP §§ 1013, 1013a) OK

[X] 16/21 Court Days Lapsed (CCP §§ 12c, 1005(b)) OK

OPPOSITION: None filed as of December 7, 2022. [ ] Late [X] None

REPLY: None filed as of December 7, 2022. [ ] Late [X] None

ANALYSIS:

I. Background

On August 10, 2020, Plaintiffs Gibril Cole (“Gibril”) and Kadija Cole (“Kadija”) (collectively “Plaintiffs”) filed an action against Yong Choi (“Yong”) and Hannah Park (“Hannah”) (collectively “Defendants”) for an alleged automobile accident that took place on August 8, 2018. On August 24, 2021, Defendants filed a joint Answer to the Complaint.

On December 10, 2021, the parties filed a Stipulation to Continue Trial and Cutoff Dates. On the same day, the Court continued the trial to May 11, 2022, along with all pretrial discovery, hearing, and motion cutoff dates. (12-10-21 Stipulation and Order.) The trial and cutoff dates were once again continued to August 29, 2022, pursuant to the parties’ Stipulation filed on April 5, 2022. (4-5-22 Minute Order.)

On August 15, 2022, Counsel for Plaintiffs Gibril and Kadija Cole, Sergei N. Gladkov (“Gladkov”) filed the instant Motion to be Relieved as Counsel (“Motion”).

On August 22, 2022, the Court continued the jury trial date to December 12, 2022. (8-22-22 Minute Order.)

On November 9, 2022, the Court continued the hearing on the Motion and ordered Counsel Gladkov to file a Notice of Motion containing the correct address for the courthouse where the hearing on the Motion would be held. (11-9-22 Minute Order.) The Court also continued the trial date to February 15, 2023. (Ibid.)

On November 14, 2022, Defendants filed proof that the Notice of Ruling had been served on Plaintiffs’ Counsel. (11-14-22 Notice of Ruling.)

To date, Counsel Gladkov has not filed and served a corrected Notice. No opposition to the Motion has been filed.

II. Legal Standard

Code of Civil Procedure § 284 states that “the attorney in an action…may be changed at any time before or after judgment or final determination, as follows: (1) upon the consent of both client and attorney…; (2) upon the order of the court, upon the application of either client or attorney, after notice from one to the other.” (Code Civ. Proc. § 284; CRC 3.1362.) The withdrawal request may be denied if it would cause an injustice or undue delay in proceeding; but the court's discretion in this area is one to be exercised reasonably. (See Mandell v. Superior (1977) 67 Cal.App.3d 1, 4; Lempert v. Superior Court (2003) 112 Cal.App.4th 1161, 1173.)

In making a motion to be relieved as counsel, the attorney must comply with procedures set forth in Cal. Rules of Court, Rule 3.1362. The motion must be made using mandatory forms:

1. Notice of Motion and Motion to be Relieved as Counsel directed to the client – (MC-051);

2. Declaration “stating in general terms and without compromising the confidentiality of the attorney-client relationship” the reasons that the motion was brought (MC-052);

3. Proposed Order (MC-053).

(Ibid.) The forms must be timely filed and served on all parties who have appeared in the case. (Ibid.) If these documents are served on the client by mail, there must be a declaration stating either that the address where client was served is “the current residence or business address of the client” or “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 to be relieved.” (Cal. Rules of Court, rule 3.1362(d)(1).)

III. Discussion

On August 15, 2022, Counsel Sergei N. Gladkov (“Gladkov”) moved the Court to relieve him as attorney of record for Plaintiffs Gibril and Kadija Cole. (Mot. – MC-051.) Counsel filed a Notice of Motion and Motion (MC-051). Counsel also filed a Declaration in Support of the Motion (MC-052) explaining that he has provided Plaintiffs with a Substitution of Attorney form but has not received it back. (MC-052 ¶ 2.) Moreover, Plaintiffs have asked Counsel Gladkov for their case file and “have not advised [him] as to how they desire to proceed forward with their legal case.” (Ibid.) Counsel has also filed a Proposed Order, Form MC-053.

All documents were served on the Plaintiffs and Defendants on August 1, 2022. (MC-051 pp. 3-4; MC-052 pp. 3-4; MC-053 pp. 3-4.) Counsel confirmed Plaintiffs’ address within the past 30 days “by electronic (email) mail from Plaintiff Gibril Cole in his request for his original case file to be mailed to the current address.” (MC-052 ¶ 3.)

On November 9, 2022, the Court noted that there was no showing that withdrawal would cause injustice or undue delay in the proceedings. (11-9-22 Minute Order.)

However, the Court continued the hearing on the Motion because the Notice of Motion, MC-051, listed conflicting information regarding the courthouse where the hearing on the Motion would be held. (Ibid.) The Notice listed both the Stanley Mosk Courthouse address and the Spring Street Courthouse address. (Ibid.; MC-051 ¶ 2(b).) The Court ordered Counsel Gladkov to file a corrected Notice of Motion, Form MC-051, listing the address for the Spring Street Courthouse. (11-9-22 Minute Order.) The Court also continued the trial date to February 15, 2023. (Ibid.)

On November 14, 2022, Defendants filed proof that the Notice of Ruling had been served on Plaintiffs’ Counsel. (11-14-22 Notice of Ruling.)

To date, Counsel Gladkov has not filed and served a corrected Notice.

For this reason, the Court continues the hearing on the Motion to Be Relieved as Counsel one final time.

IV. Conclusion & Order

For the foregoing reasons,

Moving party is ordered to give notice.