Judge: Michael Shultz, Case: 23STCV01836, Date: 2025-04-08 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: 23STCV01836    Hearing Date: April 8, 2025    Dept: 40

23STCV01836 Shawn Powell v. Philly Auto, Inc., et al.

Monday, April 7, 2025

[TENTATIVE] ORDER CONTINUING THE MOTION TO BE RELIEVED AS COUNSEL FOR DEFENDANTS

Andrew V. Stearns, as counsel for Defendants, Philly Auto, Inc. dba LA City Cars (Defendant), requests an order to be relieved as counsel of record as there is a breakdown in the attorney-client relationship. The client was served at an address confirmed by the California Secretary of State.  All parties were served with the motion and proposed order.

This motion was originally set to be heard on July 10, 2025. On March 4, 2025, the court granted Defendant’s ex parte motion to shorten time for this motion to be heard. The court rescheduled the hearing for this date. The clerk served defense counsel with notice of the court’s ruling on March 17, 2025.

While the motion complies with the requirements of California Rules of Court, Rule 3.1362, the court’s file does not reflect that Defendant filed proof of service of the rescheduled hearing date on all parties and the client. Absent proof of service, the court is inclined to continue the motion.