Judge: Michael E. Whitaker, Case: 21STCV17680, Date: 2022-12-12 Tentative Ruling

Case Number: 21STCV17680    Hearing Date: December 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

MOTION

            Nathalie Corral of Tofer and Associates (Counsel) moves to be relieved as counsel for Plaintiff Jarod Melton (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 Plaintiff and Counsel have encountered a breakdown in their relationship and communications.  This is a valid reason for withdrawal.  (See Rules Prof. Conduct, rule 1.16.) 

However, Counsel has not filed proofs of service in connection with the motion to indicate that Counsel served the notice of the motion, motion, declaration in support of the motion, and proposed order on Plaintiff.  (See Cal. Rules of Court, rule 3.1362, subd. (d) [“[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”].)   The Court notes that the proofs of service attached to the moving papers indicate that Counsel served such papers electronically on counsel for Defendant Cecilia Richardson only. 

The Court therefore denies without prejudice the motion as procedurally defective. Counsel is ordered to provide notice of the Court’s ruling and file a proof of service of such.