Judge: Michael E. Whitaker, Case: 20STCV15020, Date: 2023-02-09 Tentative Ruling

Case Number: 20STCV15020    Hearing Date: February 9, 2023    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

            Daniel Azizi of Downtown L.A. Group (Counsel) moves to be relieved as counsel for Plaintiff Rafael Ramirez (Plaintiff).

            The September 27, 2022 Motion to Be Relieved as Counsel was denied by the Court.  (Minute Order 12/14/2022.)  The Court found that Counsel filed form MC-051 and MC-052 and has lodged with the Court a copy of the proposed order on form MC-053 as required under CRC, rule 3.1362.  (Ibid.)  The Court also found that a breakdown in communication between Plaintiff and Counsel is a valid reason for withdrawal under Rules of Professional Conduct, rule 1.16.  (Ibid.)  However, the Court found that Counsel did not file proofs of service of the notice of the motion and motion, the declaration in support of the motion, and the proposed order on Plaintiff under CRC, rule 3.1362(d).  (Ibid.)  Therefore, the Court denied the motion as procedurally defective.  (Ibid.)  The Court ordered Counsel to provide notice of this order and file proof of services of such.  (Ibid.)

ANALYSIS

            California Rules of Court, rule 3.1362 provides, “[t]he notice of motion and motion, the declaration, and the proposed order must be served on the client and on all other parties who have appeared in the case.”

            Here, on December 15, 2022, Counsel filed proofs of services in connection with the motion to indicate that Counsel served the notice of the motion and motion, the declaration in support of the motion, and the proposed order on Plaintiff.  Also, on December 15, 2022, Counsel filed a notice of the ruling.  Counsel addressed the Court’s order in the Minute Order of December 14, 2022.  Therefore, the Motion to be Relieved as Counsel is GRANTED.

CONCLUSION AND ORDER

The Motion to be Relieved as Counsel is GRANTED.  

Counsel must serve the signed order (form MC-053), which shall include information about all future hearings and proceedings noticed by any party, or ordered by the Court, on Plaintiff and all other parties who have appeared in the action, within 10 days of the date of this Order, and file a proof of service of such.  Counsel will remain the attorney of record for Plaintiff until Counsel files the requisite proof of service.  (See Cal. Rules of Court, rule 3.1362(e).)