Judge: Melvin D. Sandvig, Case: 24CHCV01109, Date: 2024-07-08 Tentative Ruling

Case Number: 24CHCV01109    Hearing Date: July 8, 2024    Dept: F47

Dept. F47

Date: 7/8/24

Case #24CHCV01109

MOTION TO BE RELIEVED AS COUNSEL

Motion filed on 5/13/24.

MOVING ATTORNEY: Safora Nowrouzi

CLIENT: Plaintiff Argam Yeghiazaryan

RELIEF REQUESTED: An order relieving attorney Safora Nowrouzi as counsel for Plaintiff Argam Yeghiazaryan in this action.

RULING:

On 5/13/24, attorney Safora Nowrouzi filed and served the instant motion to be relieved as counsel for Plaintiff Argam Yeghiazaryan (Plaintiff) in this action.  The proofs of service attached to the moving papers indicate that the motion was served by email on counsel for defendants and by email and U.S. mail on Plaintiff.  The motion was originally scheduled for hearing on 1/14/25. 

On 5/20/24, attorney Nowrouzi filed and served a Notice of Advanced Hearing indicating that the hearing on the motion had been advanced by the Court to 7/8/24.  However, eCourt shows that attorney Nowrouzi rescheduled the hearing to 7/8/24.  Regardless, the notice of the advanced/changed hearing date was not properly served on defendants or Plaintiff. 

The proof of service for the notice indicates that it was served on counsel for Defendant Specialized Loan Servicing (Specialized) by email at acoronadoking@houser-law.com when the email address of record for Specialized’s counsel is rnorman@houser-law.com.  The proof of service indicates that the notice of advanced/changed hearing date was served by email on Plaintiff at tikraneritsyan@gmail.com.  However, there is no indication that Plaintiff agreed to accept service by email.  See CCP 1010.6(c).  The proof of service does not show that the notice of advanced/changed hearing date was served on counsel for Defendant NBS Default Services, LLC (NBS).  There are no responses to the motion by any of the foregoing parties to cure the defect in notice. 

If Plaintiff, counsel for Specialized and counsel for NBS all appear at the hearing and waive the defect in notice, the motion will be granted.  If not, the hearing on the motion will be continued so that attorney Nowrouzi can properly serve all parties with notice of the new hearing date on the motion.