Judge: Lisa R. Jaskol, Case: 20STCV09076, Date: 2024-06-11 Tentative Ruling

All parties are urged to meet and confer with all parties concerning this tentative ruling to see if they can reach an agreed-upon resolution of their matter.  If you are able to reach an agreement, please notify the courtroom staff in advance of the hearing if you wish to submit on the tentative ruling rather than argue the motion by notifying the court by e-mailing the court at: SSCDEPT28@lacourt.org.  Include the word "SUBMITS" in all caps and the Case Number in the Subject line.  In the body of the email, please provide the date and time of the hearing, your name, your contact information, the party you represent, and whether that party is a plaintiff, defendant, cross-complainant, cross-defendant, claimant, intervenor, or non-party, etc.

            Please be advised that if you submit on the tentative and elect not to appear at the hearing, the opposing party may still appear at the hearing and argue the matter, and the court could change its tentative based upon the argument.  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 you submit, but still intend to appear, include the words "SUBMITS, BUT WILL APPEAR" in the Subject line.     If you elect to argue your matter, you are urged to do so remotely, via Court-Connect.

                                       Note that once the Court has issued a tentative, the Court has the inherent authority not to allow the withdrawal of a motion and to adopt the tentative ruling as the order of the court.  This does not excuse a moving party's need to do one of the following: appear; submit; or take a matter off calendar by canceling the motion in the case reservation system before issuance of the tentative ruling if the matter moving party does not intend to proceed.    
 
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Case Number: 20STCV09076    Hearing Date: June 11, 2024    Dept: 28

Having considered the moving papers, the Court rules as follows. 

BACKGROUND 

On March 5, 2020, Plaintiffs Arnulfo Macias (“Macias”), Gabino Galvez (“Galvez”), and Joel Cuevas (“Cuevas”) filed this action against Defendants City of Los Angeles, acting by and through the Los Angeles Department of Water and Power, Graham Peace, and Does 1-50 for dangerous condition of public property (Gov. Code, § 835) and negligence. 

On June 2, 2021, Defendants City of Los Angeles, acing by and through the Los Angeles Department of Water and Power, and Graham Peace filed an answer. 

On March 14, 2022, the Court dismissed Defendant Graham Peace without prejudice at Plaintiffs’ request. 

On April 11, 2024, Rodrigo Suarez, Esq. filed a motion to be relieved as counsel for Plaintiff Gabino Galvez to be heard on June 11, 2024. 

Trial is currently scheduled for November 5, 2024. 

COUNSEL’S REQUEST 

Rodrigo Suarez, Esq., asks to be relieved as counsel for Plaintiff Gabino Galvez. 

LEGAL STANDARD 

California Rules of Court, rule 3.1362, provides: 

“(a) Notice 

“A notice of motion and motion to be relieved as counsel under Code of Civil Procedure section 284(2) must be directed to the client and must be made on the Notice of Motion and Motion to Be Relieved as Counsel-Civil (form MC-051). 

“(b) Memorandum 

“Notwithstanding any other rule of court, no memorandum is required to be filed or served with a motion to be relieved as counsel. 

“(c) Declaration 

“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). 

“(d) Service 

“The notice of motion and motion, the declaration, and the proposed order must be served on the client and on all other parties who have appeared in the case. The notice may be by personal service, electronic service, or mail. 

“(1) If the notice is served on the client by mail under Code of Civil Procedure section 1013, it must be accompanied by a declaration stating facts showing that either: 

“(A) The service address is the current residence or business address of the client; or 

“(B) 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 to be relieved. 

“(2) If the notice is served on the client by electronic service under Code of Civil Procedure section 1010.6 and rule 2.251, it must be accompanied by a declaration stating that the electronic service address is the client's current electronic service address. 

“As used in this rule, ‘current’ means that the address was confirmed within 30 days before the filing of the motion to be relieved. Merely demonstrating that the notice was sent to the client's last known address and was not returned or no electronic delivery failure message was received is not, by itself, sufficient to demonstrate that the address is current. If the service is by mail, Code of Civil Procedure section 1011(b) applies. 

“(e) Order 

“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.) 

DISCUSSION 

Counsel has completed, filed, and served the paperwork required to support the request to be relieved as counsel.  The Court grants the motion.

CONCLUSION 

The Court GRANTS Rodrigo Suarez, Esq.’s motion to be relieved as counsel for Plaintiff Gabino Galvez filed on April 11, 2024.  Counsel will be relieved upon filing proof of service on the client of the Order Granting Attorney’s Motion to Be Relieved as Counsel--Civil (Judicial Council form MC-053). 

Counsel is ordered to give notice of this ruling. 

Counsel is ordered to file the proof of service of this ruling with the Court within five days.