Judge: Michael E. Whitaker, Case: 20STCV32214, Date: 2022-08-12 Tentative Ruling

Case Number: 20STCV32214    Hearing Date: August 12, 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

            Attorney Daniel Azizi of Downtown LA Law Group (“Counsel”) moves to be relieved as counsel for plaintiff Juventino Arellano.

The Court finds that Counsel has not filed proof of service in connection with the motion to establish service of the notice of the motion and motion, declaration in support of motion, and proposed order on Plaintiff at his last known address and all other parties who have appeared in the action, including Defendant Edwin Hernandez Vasquez, as required. (Cal. Rules of Court, rule 3.1362(d).) 

The Court therefore denies the motion as procedurally defective.  Counsel is ordered to provide notice of this order and file a proof of service of such.