Judge: Michelle C. Kim, Case: 19STCV31735, Date: 2023-04-17 Tentative Ruling



 
 
 
 
 

Case Number: 19STCV31735    Hearing Date: April 17, 2023    Dept: 31

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

 

OSVALDO FELIPE OROS,

                        Plaintiff(s),

            vs.

 

PETRA ORTIZ,

 

                        Defendant(s).

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      CASE NO: 19STCV31735

 

[TENTATIVE] ORDER DENYING MOTION TO BE RELIEVED AS COUNSEL

 

Dept. 31

1:30 p.m.

April 17, 2023

 

Plaintiff Osvaldo Felipe Oros’ attorney of record, Eduardo A. Brito of L.A. Injury Attorneys (“Counsel”), seeks to be relieved as counsel, contending there has been a total breakdown in communication between Counsel and Plaintiff due to an irremediable rupture in the attorney-client relationship. Counsel declares it served the moving papers on his client via mail at the client’s last known address confirmed by Plaintiff’s booking information from the Los Angeles Sheriff Department’s website.  Counsel has filed proof of service on his client. However, he has not shown proof of service on Defendant.   

 

The motion is DENIED without prejudice because Counsel failed to file proof of service on all parties. The Court notes the next scheduled matter is an OSC re: Dismissal set for June 21, 2023, and trial is not scheduled.  Therefore, there will be no prejudice as a result of the granting of this motion.

 

Counsel is ordered to give notice. 

 

PLEASE TAKE NOTICE:

·       Parties are encouraged to meet and confer after reading this tentative ruling to see if they can reach an agreement.

·       If a party intends to submit on this tentative ruling, the party must send an email to the court at sscdept31@lacourt.org with the Subject line “SUBMIT” followed by the case number. The body of the email must include the hearing date and time, counsel’s contact information, and the identity of the party submitting.

·       Unless all parties submit by email to this tentative ruling, the parties should arrange to appear remotely (encouraged) or in person for oral argument. You should assume that others may appear at the hearing to argue.

·       If the parties neither submit nor appear at hearing, the Court may take the motion off calendar or adopt the tentative ruling as the order of the Court. After the Court has issued a tentative ruling, the Court may prohibit the withdrawal of the subject motion without leave.

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Dated this 17th day of April, 2023

 

 

 

 

Hon. Michelle C. Kim

Judge of the Superior Court