Judge: Michelle C. Kim, Case: 21STCV09808, Date: 2023-04-14 Tentative Ruling

Case Number: 21STCV09808    Hearing Date: April 14, 2023    Dept: 31

SUPERIOR COURT OF THE STATE OF CALIFORNIA  

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT 

Plaintiff Dwayne Flowers (“Plaintiff”) counsel of record, Daniel Moossai (“Counsel”), seeks to be relieved as counsel, stating there has been an irremediable breakdown in the attorney-client relationship that stands in the way of effective representation. The motion MC-051 is supported by Counsel’s declaration MC-052, proposed order MC-053, and proof of service as to Defendant Jasmine Webb.

            In his declaration, Counsel declares that he personally served the client with copies of the motion papers filed with his declaration, and that a copy of the proof of service will be filed with the court at least 5 days before the hearing.  (Moossai Decl. ¶ 3a(1).)  However, the Court cannot locate a copy of the proof of service. 

The motion is unopposed and granted assuming Counsel provides proof of service notwithstanding the fact that proof of service should have been filed with the court at least 5 days before the hearing. The ruling is effective upon filing proof of service of the final order.  The Court notes the next scheduled matter is an Order to Show Cause Re: Entry of Default set for May 8, 2023, and an additional hearing on an Order to Show Cause Re: Dismissal is set for March 8, 2024.  Trial is not yet set.  Therefore, there will be time for Plaintiff to obtain other counsel or prepare for trial.

Counsel is ordered to give notice.

The Court is not available to hear oral argument on this date.  If the parties do not submit on the tentative and want oral argument, the hearing will have to be continued, and the parties must work with the clerk to find an available date for the continuance.

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 14^th day of April 2023