Judge: Michelle C. Kim, Case: 21STCV17055, Date: 2023-11-30 Tentative Ruling

Case Number: 21STCV17055    Hearing Date: December 7, 2023    Dept: 31

SUPERIOR COURT OF THE STATE OF CALIFORNIA  

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT 

 

LUIS DELGADO and JENNIFER DOMINGUEZ, 

Plaintiff(s),  

vs. 

 

MANUEL HERNANDEZ, ET AL., 

 

Defendant(s). 

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      CASE NO: 21STCV17055 

 

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

 

Dept. 31 

1:30 p.m.  

December 7, 2023 

 

Plaintiff, Jennifer Dominguez (“Plaintiff”) attorney of record Jacob O. Partiyeli, Esq. of the Law Office of Jacob Partiyeli (“Counsel”), moves to be relieved as counsel contending relief is necessary because Plaintiff has failed to respond to Counsel’s telephone calls and letters. Counsel avers the relationship of trust and confidence essential to the attorney-client relationship has ceased to exist and irreconcilable differences have arisen between Plaintiff and Counsel, thereby making it unreasonably difficult to carry out the employment. 

 

Counsel declares he served the moving papers on Plaintiff via mail at Plaintiff’s last known address, which Counsel confirmed through “neighbor.” Counsel filed proof of service of the moving papers on Plaintiffs. The Court wishes to hear further from Counsel on the details of how Counsel was able to confirm Plaintiff’s current address through Plaintiff’s neighbors.  

 

The motion is conditionally granted, assuming the Court is satisfied with Counsel’s explanation; the ruling is effective upon filing proof of service of the final order. There is currently no trial date set, and thus there is sufficient time for Plaintiff to seek other counsel or otherwise prepare prior to trial. 

 

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 6th day of December 2023 

 

  

 

 

Hon. Michelle C. Kim 

Judge of the Superior Court