Judge: Michelle C. Kim, Case: 20STCV45302, Date: 2023-04-28 Tentative Ruling

Case Number: 20STCV45302    Hearing Date: April 28, 2023    Dept: 31

SUPERIOR COURT OF THE STATE OF CALIFORNIA  

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT 

Plaintiff Isabel Gurdian De Diaz’s (“Plaintiff”) counsel of record, Carlos A. Gomez (“Counsel”), seeks to be relieved as counsel, stating there has been a complete breakdown of the attorney-client relationship. The motion MC-051 is supported by Counsel’s declarations MC-052, proposed order MC-053, and proof of service on Plaintiff and Defendant.

In his February 7 declaration, Counsel declares he served the client by mail at the client’s last

known address with copies of the motion papers served with his declaration. (Gomez Decl. ¶ 3a(2).) Further, Counsel declares that he confirmed within the past 30 days that the address is current because he:

Mailed certified letter to Plaintiff's address with return receipt, which was delivered and not returned. Mailed follow up letter on May 5, 2022 via regular mail which was not returned. Have not found any new address via Westlaw PeopleMap. Also, called and spoke with her close friend, whom she left as an alternate contact, on May 9, 2022, and confirmed Plaintiff's mailing address remains the same, and Plaintiff received our letters, per her discussions with Plaintiff.

(Gomez Decl. ¶ 3b(1).)

Certified mail with return receipt does not establish proof that the address is confirmed merely because it was not returned.  However, in his February 27 declaration, Counsel declares that he confirmed within the past 30 days that the address is current by conversation. (Gomez Decl. ¶ 3b(1).)  

Therefore, the unopposed motion is 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 October 9, 2023, and trial is not scheduled until October 23, 2023.  Therefore, there is sufficient time for Plaintiff to obtain other counsel or prepare for 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 28^th day of April 2023