Judge: Mark C. Kim, Case: 22LBCV00852, Date: 2023-05-16 Tentative Ruling

Case Number: 22LBCV00852    Hearing Date: May 16, 2023    Dept: S27

Plaintiff’s attorney seeks to be relieved as counsel.  He declares he was retained as part of a tripartite relationship with Plaintiff and her insurance company, which has determined there is no coverage for Plaintiff’s claims.  He declares he will therefore not be paid for his work on the case, such that further representation is not plausible. 

The Court’s concern with the motion is the declaration re: service.  Counsel declares he confirmed Plaintiff’s address by mail, return receipt requested, telephone, and other means; specifically, he declares he “attempted to call client by phone and conducted an online search for her address via title search and white page search.  Client was also served by email.”  The Court wishes to know the results of each of the attempts to communicate with Plaintiff.  Was the return receipt signed and returned?  Did Counsel ever reach Client?  Did Client respond to any email, and/or is the email an address through which prior communication was successful between Counsel and Client? 

If the Court is satisfied that Client was served at a confirmed address, in the absence of opposition, the Court will grant the motion.