Judge: Mark C. Kim, Case: NC061264, Date: 2022-09-06 Tentative Ruling

Case Number: NC061264    Hearing Date: September 6, 2022    Dept: S27

 SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - SOUTH DISTRICT

 

TAMMY METZGER,

                        Plaintiff(s),

            vs.

 

BRANDMEYER GILIGAN DOCKSTADER LLP, ET AL.,

 

                        Defendant(s).

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      CASE NO: NC061264

 

[TENTATIVE] ORDER DENYING MOTION TO BE RELIEVED AS COUNSEL

 

Dept. S27

8:30 a.m.

September 6, 2022

 

Moving Party:               Plaintiff’s Attorney, Martin E. Jerisat, B. Ch. E., J.D., L.L.M.

Opposing Party:           None

Notice:                         Insufficient

 

Counsel filed and served this motion on 8/11/22, which was seventeen court days prior to the hearing.  Per CCP §1005, the moving papers must be filed at least sixteen court days prior to the hearing.  Per CCP §1010.6(a)(4)(B), Counsel was required to add two days to the service period due to the email service.  Notably, this is the third time Counsel has failed to timely serve papers in connection with a motion to be relieved as counsel.  Compounding the problem, all of Counsel’s proof of service documents indicate he served an ex parte application, not the moving papers filed in connection with this motion; additionally, the proof of service documents contain language relating to special interrogatories in the footnote.  Thus, it is not entirely clear what documents, if any, were served.

 

Additionally, Counsel failed to fill out ¶2 of the declaration form, which is where Counsel would state why he needs to withdraw.  The Court cannot consider the motion on its merits without this information. 

 

Finally, the case is set for an FSC on 10/11/22 and a non-jury trial on 10/24/22, and the Court would not be inclined to allow Counsel to be relieved as the penultimate moment prior to trial. 

 

For all of the foregoing reasons, the motion is denied. 

 

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 the parties do not submit on the tentative, they should arrange to appear remotely.

 

DATED:  September 6, 2022                  _____________________________________

                                                            MARK C. KIM                                                                                                                                        Judge of the Superior Court