Judge: Michelle C. Kim, Case: 20STCV45654, Date: 2023-09-21 Tentative Ruling

Case Number: 20STCV45654    Hearing Date: October 31, 2023    Dept: 31

SUPERIOR COURT OF THE STATE OF CALIFORNIA  

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT 

 

MARCELA ELIDET MARTINEZ, 

Plaintiff(s), 

vs. 

 

LILIANA CRUZ, ET AL., 

Defendant(s). 

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Case No.: 20STCV45654 

 

[TENTATIVE] ORDER DENYING MOTION TO BE RELIEVED AS COUNSEL  

 

Dept. 31 

1:30 p.m. 

October 31, 2023 

 

 

Defendant Liliana Cruz (“Defendant”) attorney of record, Zachary McCready of Law Offices of McCready Law Group (“Counsel”), moves to be relieved as counsel for Defendant. Counsel contends Defendant owes fees to Counsel to represent Defendant in this matter. Therefore, Counsel is unable to represent Defendant due to the conflict caused by her inability to pay fees.  

 

Counsel provides he has served the moving papers on Defendant at Defendant’s last known address, which he confirmed was current by telephone. 

 

However, the Court is unable to grant Counsel’s request for relief because there is no proof of service of the motion, declaration, and proposed order pursuant to Cal. Rules of Court, rule 3.1362(d). Counsel must serve both Plaintiff and Defendant with the moving papers.  

 

Therefore, the motion is denied without prejudice. 

 

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 30th day of October 2023 

 

  

 

 

Hon. Michelle C. Kim 

Judge of the Superior Court