Judge: Michelle C. Kim, Case: 21STCV10712, Date: 2023-05-18 Tentative Ruling

Case Number: 21STCV10712    Hearing Date: May 18, 2023    Dept: 31

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

 

HUEY RANDLE, JR.,

                        Plaintiff(s),

            vs.

 

STEPHEN MICHAEL KYLE, ET AL.,

 

                        Defendant(s).

)

)

)

)

)

)

)

)

)

)

)

      CASE NO: 21STCV10712

 

[TENTATIVE] ORDER GRANTING MOTION TO BE RELIEVED AS COUNSEL

 

Dept. 31

1:30 p.m.

May 18, 2023

 

Sean M. Novak, attorney of record (“Counsel”) for Plaintiff Huey Randle, Jr., “Plaintiff”), seeks to be relieved as counsel on the grounds that Plaintiff has died and Counsel has been unable to secure continued representation with Plaintiff’s only potential successor-in-interest that Counsel was able to find after an extensive search. The Court finds that this is an appropriate basis for seeking withdrawal. (See Smith v. Shewry (2009) 173 Cal.App.4th 1163, 1174 [attorney’s authority to represent client generally terminates at death].)

Counsel has filed the appropriate Judicial Council forms, i.e., Forms MC-051, MC-052, and MC-053. Counsel also has filed proofs of service same.

The motion is unopposed and granted. The Court does note, however, that the proposed order (Form MC-053) filed on March 20, 2023, contains an outdated hearing date for the OSC re: Status of Successor in Interest, which was changed to May 26, 2023, following Counsel’s filing of this motion. Accordingly, this ruling will be effective upon Counsel’s filing of both an updated proposed order (Form MC-053) reflecting all current pending hearing dates, plus a proof of service of the final order. The Court further notes no trial is currently scheduled. Therefore, there will be no prejudice as a result of the granting of this motion.  

 

Counsel is ordered to give notice. 

 

Parties who intend to submit on this tentative must send an email to the court at sscdept31@lacourt.org indicating intention to submit on the tentative as directed by the instructions provided on the court website at www.lacourt.org.  If the department does not receive an email indicating the parties are submitting on the tentative and there are no appearances at the hearing, the motion may be placed off calendar.  If a party submits on the tentative, the party’s email must include the case number and must identify the party submitting on the tentative.  If the parties do not submit on the tentative, they should arrange to appear remotely.

 

Dated this 18th day of May, 2023

 

 

 

 

Hon. Michelle C. Kim

Judge of the Superior Court