Judge: Michelle C. Kim, Case: 20STCV18225, Date: 2023-11-27 Tentative Ruling

Case Number: 20STCV18225    Hearing Date: December 15, 2023    Dept: 31

SUPERIOR COURT OF THE STATE OF CALIFORNIA  

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT 

 

DANIEL PALACIOS, 

Plaintiff(s), 

vs. 

 

MATTHEW WAYNE POPOVICH, ET AL., 

Defendant(s). 

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Case No.: 20STCV18225 

 

[TENTATIVE] ORDER DENYING WITHOUT PREJUDICE MOTION TO BE RELIEVED AS COUNSEL  

 

Dept. 31 

1:30 p.m. 

December 15, 2023 

 

 

Beau M. Goodrick, Esq. (“Goodrick”) of Owen, Patterson & Owen, LLP moves to be relieved as counsel for Plaintiff Daniel Palacios (“Plaintiff”) contending relief is necessary because of an irremediable breakdown in the attorney-client relationship. 

 

The motion is denied without prejudice for the following reasons: 

 

First, Plaintiff’s attorney of record from Owen, Patterson & Owen, LLP is Susan A. Owen. Unless a Notice of Change of Handling Attorney is filed, Susan A. Owen should be the individual moving to be relieved as counsel.    

 

Second, Goodrick checkmarks Item 3(b)(1)(a) without also necessarily checking item 3(b)(1), but the Court presumes he meant to declare the moving papers were served on Plaintiff at an address confirmed through certified mail, return receipt. However, certified mail does not establish proof the address is confirmed unless there is a signed return receipt.  (See Cal. Rules of court, Rule 3.1362(d)(2).) A copy of the signed return receipt must be filed, if and when, the appropriate attorney of record for Plaintiff refiles the motion to be relieved as counsel. 

 

If Plaintiff’s Counsel is unable to serve Plaintiff at a confirmed address, then Counsel must also serve the moving papers on the Clerk of the Court- located at Stanley Mosk Courthouse- pursuant to CCP §1011 and California Rules Court, rule 3.1362(d). 

 

 Moving party 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 14th day of December 2023 

 

  

 

 

Hon. Michelle C. Kim 

Judge of the Superior Court