Judge: Kerry Bensinger, Case: 20STCV19830, Date: 2023-01-09 Tentative Ruling

Case Number: 20STCV19830    Hearing Date: January 9, 2023    Dept: 27

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

 

MAXIMINO ALEJANDRO HERNANDEZ, et al.,

                   Plaintiff(s),

          vs.

 

ALEXANDER MEDINA, JR, et al.,

 

                   Defendant(s).

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      CASE NO.: 20STCV19830

 

[TENTATIVE] ORDER RE: MOTION TO BE RELIEVED

 

Dept. 27

1:30 p.m.

January 9, 2023

 

 

 

 

Benjamin P. Wasserman. seeks to be relieved as counsel of record for Maximino Alejandro Hernandez.  The motion is deficient for several reasons.  First, counsel does not provide a reason for his motion; Item 2 of his declaration is blank.  Second, the Court is not satisfied that counsel has confirmed that the address for his client is current; referring to the Internet and sending letters for “address correction” without requesting a return receipt is insufficient.  Third, it is unclear if counsel wishes to be relieved of his representation of Maximino Alejandro Hernandez as well as minor plaintiff Emily Hernandez because Emily Hernandez is not mentioned in any of the moving papers.  Fourth, the OSC re: dismissal scheduled for May 23, 2023 is not included in the proposed order. ,

Accordingly, this unopposed motion to be relieved is DENIED without prejudice.   

 

Moving party to give notice.

Parties who intend to submit on this tentative must send an email to the Court at SSCDEPT27@lacourt.org indicating intention to submit on the tentative as directed by the instructions provided on the court website at www.lacourt.org.  Please be advised that if you submit on the tentative and elect not to appear at the hearing, the opposing party may nevertheless appear at the hearing and argue the matter.  Unless you receive a submission from all other parties in the matter, you should assume that others might appear at the hearing to argue.  If the Court does not receive emails from the parties indicating submission on this tentative ruling and there are no appearances at the hearing, the Court may, at its discretion, adopt the tentative as the final order or place the motion off calendar.