Judge: Michael Shultz, Case: 22CMCV00425, Date: 2023-08-25 Tentative Ruling

INSTRUCTIONS: If the parties wish to submit on the tentative ruling and avoid a court appearance on the matter, the moving party must:

1. Contact the opposing party and all other parties who have appeared in the action and confirm that each will submit on the tentative ruling.

2. No later than 4:00 p.m. on the court day before the hearing, call the Courtroom (310-761-4302) advising that all parties will submit on the tentative ruling and waive hearing; and

3. Serve notice of the Court's ruling on all parties entitled to receive service.

If this procedure is followed, when the case is called the Court will enter its ruling on the motion in accordance with its tentative ruling. If any party declines to submit on the tentative ruling, then no telephone call is necessary, and all parties should appear at the hearing. If there is neither a telephone call nor an appearance, then the matter may either be taken off calendar or ruled on. 

TENTATIVE RULINGS -- http://www.lacourt.org/tentativeRulingNet/ui/main.aspx?casetype=civil

Case Number: 22CMCV00425    Hearing Date: September 19, 2023    Dept: A

22CMCV00425 Ernest Seymore v. DACA, LLC; Bert O. Whitfield

Tuesday, September 19,  2023 at 8:30 a.m.

[TENTATIVE] ORDER GRANTING MOTION TO BE RELIEVED AS COUNSEL FOR PLAINTIFF

This is a premises liability action arising from injuries suffered by Plaintiff from a slip and fall accident on Defendant’s property.

Plaintiff’s Counsel requests an order to be relieved as counsel of record because Counsel believes the client died. Counsel has not been able to locate any family members who are willing to pursue the claim on behalf of the client. Nor has counsel been able to obtain a death certificate.

Since the Plaintiff’s last known address is not known and cannot be confirmed, Counsel served the motion on the client “by delivering the notice or papers to the clerk of the court, for that party." (Code Civ. Proc., § 1011.)

Counsel has complied with the requirements of California Rules of Court, Rule 3.1362. Accordingly, the motion is GRANTED. The order is effective upon the filing of the proof of service of the signed order on the client as provided in Civil Procedure section 1011.