Judge: Michael E. Whitaker, Case: 19STCV00743, Date: 2022-09-27 Tentative Ruling

Case Number: 19STCV00743    Hearing Date: September 27, 2022    Dept: 32

PLEASE NOTE:   Parties are encouraged to meet and confer concerning this tentative ruling to determine if a resolution may be reached.  If the parties are unable to reach a resolution and a party intends to submit on this tentative ruling, the party must send an email to the Court at sscdept32@lacourt.org indicating that party’s intention to submit.  The email shall include the case number, date and time of the hearing, counsel’s contact information (if applicable), and the identity of the party submitting on this tentative ruling.  If the Court does not receive an email indicating the parties are submitting on this tentative ruling and there are no appearances at the hearing, the Court may place the motion off calendar or adopt the tentative ruling as the order of the Court.  If all parties do not submit on this tentative ruling, they should arrange to appear in-person or remotely (which is highly encouraged).  Further, after the Court has posted/issued a tentative ruling, the Court has the inherent authority to prohibit the withdrawal of the subject motion and adopt the tentative ruling as the order of the Court. 

TENTATIVE RULING

MOTION

            Joseph H. Elias, Esq. of Dordulian Law Group (“Counsel”) moves to be relieved as counsel of record for Plaintiff Delia Montes.

ANALYSIS

            On August 9, 2022, the Court denied Counsel’s motion to be relieved as counsel after finding Counsel’s proof of service filed in connection with the motion did not reflect service of the notice of the motion and motion, declaration in support of the motion, and proposed order on all parties (including the defendants) who have appeared in this action, as required.

            A review of the proof of service filed in connection with this motion shows that the moving papers have been served on Plaintiff.  However, Counsel has again failed to file a proof of service demonstrating the moving papers have been served on defendants who have appeared in the action, as required.  (See Cal. Rules of Court, rule 3.1362(d).)  Additionally, the Court notes that the proposed order (form MC-053) is incomplete with respect to items 3, 5, and 6.

            Accordingly, the Court denies the motion.  Counsel is ordered to provide notice of this order and file proof of service of such.