Judge: Michelle C. Kim, Case: 21STCV01275, Date: 2024-03-06 Tentative Ruling

Case Number: 21STCV01275    Hearing Date: March 6, 2024    Dept: 31

SUPERIOR COURT OF THE STATE OF CALIFORNIA  

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT 

 

DAVID TUTOKEY, 

Plaintiff(s), 

vs. 

THE WALT DISNEY COMPANY, ET AL., 

Defendant(s). 

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Case No.: 21STCV01275 

 

[TENTATIVE] ORDER CONDITIONALLY GRANTING MOTION TO BE RELIEVED AS COUNSEL 

 

Dept. 31 

1:30 p.m.  

March 6, 2024 

 

Plaintiff David Tutokey (“Plaintiff’s”) attorney of record, Tamiko B. Herron, Esq. of Owen, Patterson & Owen, LLP (“Counsel”), moves to be relieved as counsel, contending relief is necessary because of an irremediable breakdown in the attorney-client relationship between Plaintiff and Counsel’s firm. Counsel declares there has been a complete breakdown in the attorney-client relationship with Plaintiff.   

 

Counsel has filed proof of service of the motion on Plaintiff, Defendant, and Cross-Defendant.  Counsel declares he confirmed the address through certified mail, return receipt.  Additionally, Counsel states she confirmed Plaintiff’s address by conducting a Westlaw precision real estate information search.   

 

To the extent Counsel states the business address was confirmed through Westlaw, the Court wishes to hear from Counsel concerning what these methods involved in confirming Plaintiff’s address.  Assuming the Court is satisfied with confirmation of Plaintiff’s address, the motion will be granted and the ruling will be effective upon filing proof of service of the final order.  Trial is not scheduled until December 5, 2024, and there is sufficient time for Plaintiff to seek other counsel or otherwise prepare prior to trial.  

 

However, if the Court is not satisfied with Counsel’s explanation at the hearing and if Counsel is unable to show that they served Plaintiff at a confirmed address, then the requirement that Counsel also 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 5th day of March 2024 

 

  

 

 

Hon. Michelle C. Kim 

Judge of the Superior Court