Judge: Michelle C. Kim, Case: 20STCV12573, Date: 2023-12-11 Tentative Ruling


Case Number: 20STCV12573    Hearing Date: March 4, 2024    Dept: 31

SUPERIOR COURT OF THE STATE OF CALIFORNIA  

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT 

 

RAFAEL MENDEZ, 

Plaintiff(s),  

vs. 

 

LOS ANGELES COUNTY METROPOLITAN TRANSIT AUTHORITY, ET AL., 

 

Defendant(s). 

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      CASE NO: 20STCV12573 

 

[TENTATIVE] ORDER GRANTING MOTION TO BE RELIEVED AS COUNSEL  

 

Dept. 31 

1:30 p.m.  

March 4, 2024 

 

Plaintiff Rafael Mendez (“Plaintiff”) attorney of record, Bart A. Seemen, Esq. of Williams and Seemen (“Counsel”), has filed a motion to be relieved as counsel, contending relief is necessary because there has been a total breakdown in communication and the attorney-client relationship between Plaintiff and Counsel.  

 

Counsel declares he is unable to confirm Plaintiff’s most current address after mailing the motion papers, calling Plaintiff’s last known number, and calling Plaintiff’s brother and last known contact. Counsel has properly filed proof of service of the notice of motion and motion, declaration, and proposed order on Plaintiff, Defendant, and the Clerk of Court. (California Rules Court, rule 3.1362(d).) 

 

The motion is unopposed and granted; the ruling is effective upon filing proof of service of the final order. No trial date has been set for this matter. Therefore, there is sufficient time for Plaintiff to seek other counsel or otherwise prepare prior to trial. 

 

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 1st day of March 2024 

 

  

 

 

Hon. Michelle C. Kim 

Judge of the Superior Court