Judge: Michael Shultz, Case: 20CMCV00109, Date: 2025-03-11 Tentative Ruling

DEPARTMENT 40 - MICHAEL J. SHULTZ  - LAW AND MOTION RULINGS
The Court issues tentative rulings on certain motions.The tentative ruling will not become the final ruling until the hearing [see CRC 3.1308(a)(2)]. If the parties wish to submit on the tentative ruling and avoid a court appearance, all counsel must agree and choose which counsel will give notice. That counsel must 1) email Dept 40 by 8:30 a.m. on the day of the hearing (smcdept40@lacourt.org) with a copy to the other party(ies) and state that all parties will submit on the tentative ruling, and 2) serve notice of the ruling on all parties. If any party declines to submit on the tentative ruling, then no email is necessary and all parties should appear at the hearing in person or by Court Call. 

Case Number: 20CMCV00109    Hearing Date: March 11, 2025    Dept: 40

20CMCV00109 CAMERON SAMIMI, BROADWAY ONE, LLC V. BAILEY, ET AL.

Tuesday, March 12, 2025

[TENTATIVE] ORDER DENYING MOTION BY GREGORY S. SILVER TO BE RELIEVED AS COUNSEL OF RECORD FOR PLAINTIFFS, CAMERON SAMIMI AND BROADWAY ONE LLC; JOINED BY DAVID C. LOE

      Gregory S. Silver, as counsel for Plaintiffs, Cameron Samimi and Broadway One, LLC, request an order to be relieved as counsel of record. Co-counsel, David C. Loe, joins in the motion and submits his own declaration in support of the motion. While the motion may be served electronically, it is not clear that the email address provided for the clients was confirmed as current within the past 30 days or if it could be confirmed since both attorneys declare that the clients refuse to return calls and emails.  (California Rules of Court, Rule 3.1362 subd. (d)(2).).

      Mr. Silver declares that he was not able to confirm that the email address is current. Counsel is required to state why the motion should be granted despite being unable to confirm the email as current despite reasonable efforts, such as conducting a records search of the California Secretary of State for Broadway One, LLC, or any other search. (Silver Decl., page 2, ¶ 3.b.(2).)

      Mr. Silver’s supplemental declaration states he sent an email to Mr. Samimi on January 15, 2025, and Mr. Samimi did not respond.  Sending notice to the clients’ email address and stating that no delivery failure message was received "is not, by itself, sufficient to demonstrate that the address is current." (Cal. Rules of Court, rule 3.1362 subd. (d)(2).)

      Both attorneys are also required to prepare a proposed order (form MC-053) lodged with the court with the moving papers. (Cal. Rules of Court, rule 3.1362 subd (e).) All parties must be served with the motion and proposed order. The proof of service does not indicate service on counsel for the Cross Defendants.

      Accordingly, the motion is DENIED.