Judge: Michelle C. Kim, Case: 21STCV22132, Date: 2023-03-13 Tentative Ruling

Case Number: 21STCV22132    Hearing Date: March 13, 2023    Dept: 31

SUPERIOR COURT OF THE STATE OF CALIFORNIA  

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT 

 

BARRY HENNING, 

 

Plaintiff,  

vs. 

 

99 CENTS ONLY STORES, LLC, ET AL.,

 

Defendant. 

      CASE NO: 21STCV22132 

 

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

 

Dept. 31 

1:30 p.m.  

March 13, 2023  

 

Plaintiff Barry Henning’s attorney of record, Joshua L. Kopple (“Counsel”), has filed a Motion to be Relieved as Counsel, stating that irreconcilable differences have arisen that prevent Counsel from prosecuting this case on behalf of Plaintiff. 

 

Counsel declares he served the moving papers on his client via mail at the client’s last known address confirmed within the past 30 days via client records and public records and via e-mail to an active, functioning address.  At the hearing on this matter, the Court wishes to hear from Counsel in greater detail about how the mailing address was confirmed.

 

Counsel has filed proof of service on his client and on Defendant.  Further, Counsel has filed a proposed order.

 

The motion is unopposed and granted assuming the Court is satisfied with confirmation of the client’s address. The ruling is effective upon filing proof of service of the final order.  The Court notes the next scheduled matter is a Final Status Conference set for July 19, 2023, and trial is not scheduled until August 2, 2023.  Therefore, there will be time for Plaintiff to obtain other counsel or prepare for trial.

 

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 13th day of March, 2023

 

  

 

 

Hon. Audra Mori 

Judge of the Superior Court