Judge: Michelle C. Kim, Case: 20STCV36178, Date: 2023-04-24 Tentative Ruling

Case Number: 20STCV36178    Hearing Date: April 24, 2023    Dept: 31

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

Plaintiff Joseph L. Giles’ (“Plaintiff”) attorney of record, Raymond Feldman of the Law Offices of John. C. Ye, APLC (“Counsel”), moves to be relieved as counsel for Plaintiff.  This matter was last heard on March 15, 2023, where the Court continued it to April 24, 2023.  On March 22, 2023, Counsel filed an Amended Notice of Motion and Motion to be Relieved as Counsel. 

Counsel contends relief is necessary because irreconcilable differences have arisen between Plaintiff and Counsel, and because Plaintiff’s conduct makes it unreasonably difficult for Counsel to carry out employment effectively.  Counsel provides it has served the moving papers on Plaintiff at Plaintiff’s last known address.  Counsel states that at the previous hearing on March 15, 2023, Plaintiff appeared and thus received the moving papers at the mailing address Plaintiff then confirmed with the Court. 

The Court wishes to hear from Counsel concerning how Plaintiff’s address was confirmed at the March 15, 2023 hearing.  Assuming the Court is satisfied with confirmation of Plaintiff’s address, the motion will be granted; the ruling is effective upon filing proof of service of the final order.  The Court notes the next scheduled matter is a Final Status Conference set for August 2, 2023, and trial is not scheduled until August 16, 2023.  Therefore, there is sufficient time for Plaintiff to seek other counsel or otherwise prepare prior to trial.

If Counsel is unable to show that they served Plaintiff at a confirmed address, then the requirement that Counsel serve the moving papers on the Clerk of the Court pursuant to CCP §1011(b) and California Rules Court, rule 3.1362(d) would preclude the granting of the motion. 

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 24^th day of April 2023