Judge: Michelle C. Kim, Case: 21STCV23545, Date: 2023-05-04 Tentative Ruling

Case Number: 21STCV23545    Hearing Date: May 4, 2023    Dept: 31

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

Plaintiffs’ Guillermo Acosta Ayala (“Ayala”) and Carlos Rodriguez (“Rodriguez”) (collectively, “Plaintiffs”) attorney of record, Julian C. Sonnega, Esq. and BD&J, P.C. (“Counsel”), seeks to be relieved as counsel for each Ayala and Rodriguez, contending there has been a significant breakdown in the attorney-client relationship that significantly impedes Counsel's ability to effectively represent Plaintiffs’ interests.  Counsel declares the moving papers were served on Plaintiffs via mail at Plaintiff’s last known address, but Counsel was unable to confirm Plaintiffs’ addresses as current. 

As to the motion to be relieved as counsel for Rodriguez, Counsel filed a proof of service declaring that the Clerk of the Court was personally served at the following address:

Superior Court of California, County of Los Angeles

312 North Spring St., Department 31

Los Angeles, California 90012

However, there is no Clerk of the Superior Court at the Spring Street Courthouse.  The Clerk of the Court is at the Stanley Mosk Courthouse.  It is unclear if Counsel is confusing Department 31’s Judicial Assistant with the Clerk of the Court. 

            As to the motion to be relieved as counsel for Ayala, the Court cannot locate proof of service of the motion, declaration, and proposed order on Ayala.  (Cal. Rules of Court, rule 3.1362(d).)  Further, if Counsel is unable to serve Ayala at a confirmed address, Counsel must serve the moving papers on the Clerk of the Court- located at Stanley Mosk Courthouse- pursuant to CCP §1011 and California Rules Court, rule 3.1362(d). 

            Therefore, the motions to be relieved as counsel for Rodriguez and Ayala are denied without prejudice. 

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 4^th day of May 2023