Judge: Martha K. Gooding, Case: 2021-01186319, Date: 2022-08-29 Tentative Ruling

Motion to be Relieved as Counsel of Record

The Court GRANTS the Motion by Laura S. Winthrop of Winthrop Employment Law to be relieved as counsel of record for Defendants Corsa Motorsport, LLC, Jae Park, and Francisco J. Ortiz Arriaga.

The court heard this Motion on 7/25/22 and identified service issues with the clients, who Counsel has indicated she has been unable to contact. (ROA 59.)

Counsel now files a Supplemental Declaration with significant details about her efforts to contact her clients. Despite those efforts, she has been unable to contact her clients since August 2021 (Mr. Park), March 2022 (Mr. Arriaga), and February, 2022 (when Counsel realized the corporate Defendant was suspended). (Withrow Supp. Decl., ¶¶2 8, 9, 13.)

Counsel was able to obtain a valid phone number for Mr. Arriaga through former corporate counsel for the now suspended Corsica Motorsport, LLC. (Withrow Decl., ¶¶8, 12, 13.) She spoke to Mr. Arriaga on March 7, 2022, who provided her with an alternate email and he also verified his home address, which she served. (Withrow Decl., ¶¶13, 34, 39.) She sent Mr. Arriaga an email on March 28, 2022, which he replied to on March 29, 2022, and he has not responded to an email since, although they are being delivered. (Withrow Decl., ¶¶19, 22, 26.) He no longer answers counsel’s calls and his voicemail is consistently full. (Withrow Decl., ¶28).

Counsel also verified that a new, unrelated business is located where Corsica used to have its principal place of business. (Withrow Decl., ¶¶16, 18.)

Counsel was unable to speak to or deliver (by email or mail) any communication to Mr. Park. She conducted an online search, tried calling the last known number that was out of service, and tried emailing but it bounced back. (Withrow Decl., ¶¶30, 31, 34.) The overnight envelope sent to Mr. Park was also returned by UPS as undeliverable. (Withrow Decl., ¶34.)

Thus, Counsel served Defendants Corsa Motorsport, LLC and Jae Park by service made upon the court clerk pursuant to CRC, rule 3.252. (Withrow Decl., ¶40.)

The Proposed Order is not properly filled out. Ms. Withrow is ordered to fill out all portions of the Proposed Order and resubmit it to the court, including all currently–set dates in this action.

Once the Court has signed the order, Ms. Withrow shall serve the signed order on Plaintiff’s counsel and Defendants, by the Clerk for Mr. Park and the suspended company and via mail for Mr. Arriaga.

Ms. Withrow and her firm will not be relieved as counsel of record until she has filed with the Court a valid proof of service of the signed order on the clients and on Plaintiff’s counsel, in accordance with this Order.

Ms. Withrow is ordered to give notice of this Order.