Judge: Melvin D. Sandvig, Case: 21STCV05601, Date: 2022-08-08 Tentative Ruling

Case Number: 21STCV05601    Hearing Date: August 8, 2022    Dept: F47

Dept. F47

Date: 8/8/22

Case #21STCV05601

MOTION TO BE RELIEVED AS COUNSEL

Motion filed on 6/13/22.

MOVING ATTORNEY: William C. Wilson, Esq./Wilson Getty LLP

CLIENT: Defendant Maclay Healthcare Center, LLC

RELIEF REQUESTED: An order relieving William C. Wilson, Esq./Wilson Getty LLP as counsel for Defendant Maclay Healthcare Center, LLC in this action.

RULING: The motion is placed off calendar. 

On 6/13/22, the instant motion to be relieved as counsel for Defendant Maclay Healthcare Center, LLC (Defendant) was filed indicating a hearing date of 10/3/22.  The motion was personally served on Defendant’s registered agent on 6/10/22 and served by electronic mail on 6/13/22 on counsel for Plaintiffs John Aguilar and Edward Aguilar, individually and as heirs and successors in interest to Rose Aguilar, deceased. 

On 7/12/22, Defendant’s Ex Parte Application for an Order Shortening Time for Notice and Hearing, or In the Alternative, Specially Setting Hearing on Motion to be Relieved as Counsel; and to Continue Trial/Trial Related Dates was granted in part.  (See 7/12/22 Minute Order).

With regard to the Motion to be Relieved as Counsel, the Court advanced the 10/3/22 hearing date to 7/12/22 and continued it to 8/8/22 which allowed sufficient time to provide statutory notice under CCP 1005(b) of the new hearing date.  (7/12/22 Minute Order, p.1).  Moving Party was ordered to give notice.  (Id. at p.2).  On 7/21/22, Defendant filed and served a notice of ruling regarding the ex parte application.  (See 7/21/22 Notice of Ruling).  The proof of service attached to the notice of ruling indicates that it was only served on counsel for Plaintiffs.  (Id. at pp.3-4).  There is no evidence that Defendant Maclay Healthcare Center, LLC was provided notice that the original 10/3/22 hearing date was changed to 8/8/22.  The Court further notes that the notice provided to Plaintiffs counsel on 7/21/22 was untimely based on the notice requirements set forth in CCP 1005(b) and the 8/8/22 hearing date.

No response to the motion has been filed to cure the defects in notice. 

The Court further notes that on 7/21/22, Defendant Maclay Healthcare Center, LLC (Defendant) filed and served a Motion to Continue Trial indicating an 8/8/22 hearing date with the notation “Reservation: N/A, Hearing specially set by court at July 12, 2022 ex parte.”  (See Motion to Continue Trial, p.1:18).  The Notice of Ruling filed and served by Defendant on 7/21/22 makes the same claim.  (See Notice of Ruling, p.2:10-13).  However, the Court’s 7/12/22 Minute Order states otherwise.

With regard to the ex parte request to continue trial and related dates, the 7/12/22 Minute Order states:

The Court will not continue trial/trial related dates at this time, however, the Court notes that a specially set trial on another matter is scheduled for same date as this case. In addition, there are five older matters set for trial on same date, which would take priority over this matter. Based on the foregoing, parties are encouraged to meet and confer regarding stipulating to continue trial date of 10/17/2022 and trial related dates.

There is no indication that the Court specially set a motion to continue trial for 8/8/22 as claimed by Defendant.  Therefore, such motion is not considered by the Court.  The Court further notes that if it had specially set such a motion, the filing and service of same on 7/21/22 for an 8/8/22 hearing date would be untimely under CCP 1005(b) and there is no response/opposition to the motion to cure the defect.