Judge: Michael E. Whitaker, Case: 20STCV30488, Date: 2022-12-16 Tentative Ruling

Case Number: 20STCV30488    Hearing Date: December 16, 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

            Daniel D. Geoulla (Counsel) moves to be relieved as counsel for Plaintiff Rennae Haines (Plaintiff).  

ANALYSIS

Counsel has filed forms MC-051 and MC-052 and has lodged with the Court a copy of the proposed order on form MC-053 as required.  (Cal Rules of Court, rule 3.1362.)  The basis for the motion is a complete breakdown in communication with the client.  Further, Counsel has recently come across an obituary which demographics matching Plaintiff’s.  However, Counsel has been unable to confirm.  In response, Defendant John Barlow further attests Plaintiff is deceased and attaches a copy of Plaintiff’s alleged death certificate to his response.  (Defendant’s Response and Comments to Plaintiff’s Counsel’s Motion to be Relieved as Counsel, Exhibit A.)  Counsel has additionally filed a declaration detailing his efforts to locate the Plaintiff’s family members.  (See Declaration of Marine Khachoyan.)  Counsel has been in contact with Plaintiff’s heirs Rayne Spell and Randy Bridwell who confirmed that they were Plaintiff’s only heirs and that neither wished to continue with the case.  (See Declaration of Marine Khachoyan, ¶¶ 4, 5.)  As such, the Court finds Counsel has exercised his due diligence and thus grants the motion. 

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).)