Judge: Michelle C. Kim, Case: 21STCV05058, Date: 2023-05-08 Tentative Ruling

Case Number: 21STCV05058    Hearing Date: May 8, 2023    Dept: 31

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

Defendant New Beginnings Christian Discipleship, a CA Corp.’s (“Defendant”) attorney of record, Arthur H. Barens, Esq. (“Counsel”), moves to be relieved as counsel.  Counsel declares there has been a complete breakdown in the attorney-client relationship, such that Counsel can no longer zealously represent Defendant.  Counsel has filed proof of service of the notice of motion and declaration on Plaintiff and on all parties that have appeared. 

Counsel declares the moving papers were served on Defendant via mail at Defendant’s last known address.  Counsel states Defendant’s address was confirmed as current by electronic mail and by mail, return receipt requested. 

To the extent that Counsel’s motion indicates it was served on Defendant by electronic service, California Rules of Court, Rule 3.1362(d)(2) states: “If the notice is served on the client by electronic service under Code of Civil Procedure section 1010.6 and rule 2.251, it must be accompanied by a declaration stating that the electronic service address is the client's current electronic service address.”  The Court cannot locate any such declaration with Counsel’s motion. 

Nonetheless, Counsel additionally declares it confirmed Defendant’s address through certified mail, return receipt.  Certified mail does not establish proof the address is confirmed unless there is a signed return receipt.  (See Cal. Rules of court, rule 3.1362(d)(2).)  The Court will, therefore, require a copy of the signed return receipt at the time of the hearing.  Counsel may file a copy of the signed return receipt electronically prior to the hearing.

If Counsel appears and satisfies for the Court that Plaintiff’s address is confirmed, the motion will be granted.  Relief will be effective upon filing proof of service of the final order on client. 

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 8^th day of May 2023