Judge: Kerry Bensinger, Case: 21STCV25488, Date: 2023-05-11 Tentative Ruling

Case Number: 21STCV25488    Hearing Date: May 11, 2023    Dept: 27

Tentative Ruling

Judge Kerry Bensinger, Department 27

HEARING DATE:     May 11, 2023                         TRIAL DATE:  none

CASE:                                Kiana Furlow, et al. v. Emilio Mendez Paz

CASE NO.:                 21STCV25488

MOTION TO BE RELIEVED AS COUNSEL AS TO PLAINTIFF KIANA FURLOW

MOTION TO BE RELIEVED AS COUNSEL AS TO PLAINTIFF DANIELL ALEXANDER

MOVING PARTY:               Michael T. Martin, Law Office of Michael T. Martin

RESPONDING PARTY:     No opposition

On July 12, 2021, plaintiffs Kiana Furlow and Daniell Alexander (“Plaintiffs”) filed this action against defendants Emilio Mendepaz and Emilio Mendez Paz for injuries arising out of a motor vehicle collision occurring July 11, 2019.

Plaintiffs are represented by Michael T. Martin of Law Offices of Michael T. Martin (“Counsel”).  On March 23, 2023, Counsel filed these Motions to be Relieved as Counsel for Plaintiffs.  Counsel declares as follows in support of each motion: “There has been limited communication and cooperation from the client[s] for almost a year and virtually no communication for the last several months.  Effectively, there has been a complete break-down in communication and cooperation by the client[s].  The entire attorney-client relationship has effectively broken down.”  (Forms MC-052.)  For this reason, Counsel seeks an order relieving Law Offices of Michael T. Martin as counsel to Plaintiffs.

The Motions were heard on March 29, 2023.  The Court found that the Motions could not be granted at that time because Counsel’s Motions (Form MC-051), declarations (Form MC-052), and proposed orders (MC-053) did not bear the correct address where this hearing was scheduled; Items 3c and 6 on Forms MC-052, and Items 2, 3, 5, 6, 7, and 9 on Forms MC-053 were not completed.  The Court continued the hearings for these Motions to May 11, 2023 to allow Counsel to address the deficiencies noted in the Court’s March 29, 2023 order.

Counsel has not submitted revised Motions.

Accordingly, the Motions are DENIED.

Moving party to give notice. 

Dated:   May 11, 2023                                                ___________________________________

                                                                                    Kerry Bensinger

                                                                                    Judge of the Superior Court

            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.