Judge: Mark C. Kim, Case: 19STCV27347, Date: 2023-02-14 Tentative Ruling

Case Number: 19STCV27347    Hearing Date: February 14, 2023    Dept: S27

Plaintiff’s attorney, Daniel D. Geoulla, seeks to be relieved as counsel, contending his client passed away on or around 2/12/22, such that he does not have an active client.  He declares he substituted the estate into the action at the Court’s request, but has no relationship with the estate and no agreement with the estate; additionally, he declares he has irreconcilable difference between his firm and the representative of the estate. 

Counsel has filed proof of service on the personal representative of the estate and on Defendants.  Defendants filed a notice of non-opposition to the motion. 

The Court denied a prior motion, in part, based on the fact that the motion was scheduled to be heard on the eve of trial.  This motion is scheduled to be heard on the eve of trial.  The Court has, however, reviewed the declaration in support of the motion, and finds Counsel cannot meaningfully represent the estate under the circumstances.  The motion is therefore granted.

The Court is inclined to continue the trial date for six months, on its own motion, to permit the estate an opportunity to substitute in a new attorney if it chooses to do so.  If the estate remains unrepresented at the time of the continued trial date, the trial will go forward despite the lack of representation.  The trial date is continued from 2/27/23 to Monday, 8/28/23 at 8:30 a.m. in Department S27.  The FSC is continued from 2/23/23 to Thursday, 8/24/23 at 8:30 a.m.    

Counsel is ordered to give notice. 

Parties who intend to submit on this tentative must send an email to the court at gdcdepts27@lacourt.org indicating intention to submit on the tentative as directed by the instructions provided on the court website at www.lacourt.org.  If the department does not receive an email indicating the parties are submitting on the tentative and there are no appearances at the hearing, the motion may be placed off calendar.  If a party submits on the tentative, the party’s email must include the case number and must identify the party submitting on the tentative. If any party does not submit on the tentative, the party should make arrangements to appear remotely at the hearing on this matter.