Judge: Michael E. Whitaker, Case: 22STCV02323, Date: 2022-09-14 Tentative Ruling

Case Number: 22STCV02323    Hearing Date: September 14, 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

            Attorney Gus H. Gunderman (“Counsel”) moves to be relieved as counsel for plaintiffs TC Nevada, LLC and TLC Luxury, LLC (collectively, “Plaintiffs”).

Counsel has not filed a proof of service to establish the date and manner of service of the notice of the motion and the motion, the declaration in support of the motion, and the proposed order Plaintiffs and all other parties that have appeared in the action, as required.  (Cal. Rules of Court, rule 3.1362, subd. (d).)  Counsel has also not lodged with the Court a copy of the proposed order on form MC-053 as required.  (Cal. Rules of Court, rule 3.1362, subd. (e).)                        

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