Judge: Kerry Bensinger, Case: 22STCV00432, Date: 2023-03-15 Tentative Ruling

Case Number: 22STCV00432    Hearing Date: March 15, 2023    Dept: 27

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

On January 5, 2022, plaintiff Romain Tara Pina (“Plaintiff”) filed this action against defendant J.C. Commercial Property, LLC (“Defendant”), arising from a fall occurring on Defendant’s premises on January 17, 2020.

Plaintiff is represented by the law firm Bernstein & Poisson.  On January 17, 2023, Ryan Kerbow (“Kerbow”) of Bernstein & Poisson filed this Motion to be Relieved as Counsel (“Motion”). 

Kerbow’s Motion does not comply with California Rules of Court, Rule 3.1362.  “The motion to be relieved as counsel must be accompanied by a declaration on the Declaration in Support of Attorney’s Motion to Be Relieved as Counsel-Civil (form MC-052).  The declaration must state in general terms and without compromising the confidentiality of the attorney-client relationship why a motion under Code of Civil Procedure section 284(2) is brought instead of filing a consent under Code of Civil Procedure section 284(1).  The proposed order relieving counsel must be prepared on the Order Granting Attorney's Motion to Be Relieved as Counsel-Civil (form MC-053) and must be lodged with the court with the moving papers.  The order must specify all hearing dates scheduled in the action or proceeding, including the date of trial, if known. If no hearing date is presently scheduled, the court may set one and specify the date in the order.  After the order is signed, a copy of the signed order must be served on the client and on all parties that have appeared in the case.  The court may delay the effective date of the order relieving counsel until proof of service of a copy of the signed order on the client has been filed with the court.”  (Cal. Rules of Court, rule 3.1362, subds. (c) and (e).)

Here, Kerbow does not set forth his declaration on Form MC-052 nor is the Motion accompanied by a proposed order on Form MC-053. 

Accordingly, the Motion is CONTINUED to May 8, 2023 at 1:30 p.m. in Department 27 of Spring Street Courthouse.  The Motion and all supporting documentation correcting the deficiencies noted above must be filed at least five (5) days prior to the hearing date.

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.

Dated this 15th day of March 2023