Judge: Michelle C. Kim, Case: 21STCV01523, Date: 2023-10-03 Tentative Ruling

Case Number: 21STCV01523    Hearing Date: October 3, 2023    Dept: 31

SUPERIOR COURT OF THE STATE OF CALIFORNIA  

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT 

 

ANGEL MUNGUIA and ERNESTO CASTELLANO, 

Plaintiff(s),  

vs. 

 

FRANCISCO FLORES HERRERA, ET AL., 

 

Defendant(s). 

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      CASE NO: 21STCV01523 

 

[TENTATIVE] ORDER DENYING MOTIONS TO BE RELIEVED AS COUNSEL  

 

Dept. 31 

1:30 p.m.  

October 3, 2023 

 

Plaintiff Angel Munguia and Ernesto Castellano (“Plaintiffs”) attorney of record, Anthony Willoughby of Willoughby & Associates (“Counsel”), moves to be relieved as counsel contending relief is necessary because Counsel has lost all contact with Plaintiffs. Counsel avers Plaintiffs’ number no longer works, and that Counsel has not received any response to any of the multiple letters sent to Plaintiffs’ address. No trial date has been set.  

Counsel declares he has been unable to confirm Plaintiffs’ address or locate a more current address after mailing the moving papers on Plaintiffs’ last known address with return receipt requested, calling the last known telephone number, and conducting a skip trace, which did not reveal any other addresses or phone numbers. 

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

 

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 2nd day of October 2023 

 

  

 

 

Hon. Michelle C. Kim 

Judge of the Superior Court