Judge: Lynne M. Hobbs, Case: 20STCV11817, Date: 2023-08-11 Tentative Ruling
PLEASE NOTE:
The parties are encouraged to meet and confer concerning this tentative ruling to determine if there is an agreement to submit.
Regardless of whether there is any such agreement, each party who wishes to submit must send an email to the Court at SSCdept30@LACourt.org indicating the party's intention to submit.
Include the word "SUBMITS" in all caps and the case number in the subject line of the email and in the body provide the date and time of the hearing, your name, your contact information, the party you represent, whether that party is a plaintiff, defendant, cross-complainant, cross-defendant, claimant, or non-party.
If a party submits but still intends to appear at the hearing, include the words "SUBMITS BUT WILL APPEAR" in the subject line of the email.
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.
Unless all the parties have submitted, the Court will hear argument from any party that appears at the hearing and wishes to argue. The Court may change its tentative as a result of the argument and adopt the changed tentative as the final order at the end of that hearing, even if all the parties are not present.
Be advised that after the Court has posted/issued a tentative ruling, the Court has the inherent authority to prohibit the withdrawal of said motion and may adopt the tentative ruling as the order of the Court.
Case Number: 20STCV11817 Hearing Date: August 11, 2023 Dept: 30
RAMI GISHI vs DARYOUSH SAMEYAH, et al.
Re: Motion to Be Relieved as Counsel
Ruling: The motion to be relieved as counsel is CONTINUED 60 days, to a date convenient to Court and Parties, to allow Counsel to complete the following actions: (1) file and serve form MC-051 with the Court, Plaintiff, and all other parties who have appeared in the case; and (2) file and serve an amended form MC-053 which should include information about all future hearings and proceedings noticed by any party, or ordered by the Court, on Plaintiff, and all other parties who have appeared in the case. All paperwork must be filed at least five days prior to the next hearing. Moving party is to give notice of this ruling.
Rationale: Counsel has failed to file a Notice of Motion and Motion to Be Relieved as Counsel (MC-051) in violation of California Rules of Court, rule 3.1362, subdivision (a). Counsel indicates that he served Plaintiff and Defendant’s counsel with copies of forms MC-052 and MC-053 via mail. (MC-052, Item #3.; MC-052, p.3; MC-053, p. 3.) However, Counsel has not indicated that he has served form MC-051 on Plaintiff or Defendant’s counsel. (See Cal. Rules of Court, rule 3.1362, subd. (d) [“[t]he 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 Court further finds that the proposed order (MC-053) is incomplete and contains errors. Form MC-053 should include information about all future hearings and proceedings noticed by any party, or ordered by the Court.