Judge: Michelle C. Kim, Case: 20STCV12059, Date: 2023-11-14 Tentative Ruling

Case Number: 20STCV12059    Hearing Date: February 1, 2024    Dept: 31

SUPERIOR COURT OF THE STATE OF CALIFORNIA  

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT 

 

STACEY A. STERBCOW, 

Plaintiff(s), 

vs. 

 

DAREX NABONG, ET AL., 

Defendant(s). 

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Case No.: 20STCV12059 

 

[TENTATIVE] ORDER GRANTING MOTION TO BE RELIEVED AS COUNSEL  

 

Dept. 31 

1:30 p.m. 

February 1, 2024 

 

 

Plaintiff Stacey A. Sterbcow (“Plaintiff”) attorney of record, Lee C. Arter of the Law Offices of Lee C. Arter (“Counsel”), moves to be relieved as counsel contending relief is necessary because of an irreparable breakdown in communication and the working relationship.    

 

Counsel declares the moving papers were served on Plaintiff by electronic mail. Cal. Rules of Court, rule 3.1362(d)(2) states: “If the notice is served on the client by electronic service under Code of Civil Procedure section 1010.6 and rule 2.251, it must be accompanied by a declaration stating that the electronic service address is the client's current electronic service address.” Counsel avers notice was provided electronically through Plaintiff’s current electronic service address, which she has been using to communicate with Counsel’s office. This is sufficient to meet the requirements of Cal. Rules of Court, rule 3.1362(d)(2). Further, Counsel demonstrates proof of service of the motion, declaration, and proposed order on Plaintiff and Defendant pursuant to Cal. Rules of Court, rule 3.1362(d). 

 

The motion is unopposed and GRANTED; the ruling is effective upon filing proof of service of the final order. Trial is currently set for October 29, 2024. Therefore, there is sufficient time for Plaintiff to seek other counsel or otherwise prepare prior to trial. 

 

Moving 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.¿ 

 

Dated this 31st day of January 2024 

 

  

 

 

Hon. Michelle C. Kim 

Judge of the Superior Court