Judge: Michelle C. Kim, Case: 21STCV27586, Date: 2024-01-26 Tentative Ruling

Case Number: 21STCV27586    Hearing Date: March 7, 2024    Dept: 31

SUPERIOR COURT OF THE STATE OF CALIFORNIA  

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT 

 

CARLOS ROLANDO RODRIGUEZ, 

Plaintiff(s), 

vs. 

 

TYLER BRUCE MASON, ET AL., 

Defendant(s). 

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Case No.: 21STCV27586 

 

[TENTATIVE] ORDER DENYING WITHOUT PREJUDICE MOTION TO BE RELIEVED AS COUNSEL  

 

Dept. 31 

1:30 p.m. 

March 7, 2024 

 

 

Plaintiff Carlos Rolando Rodriguez’s (“Plaintiff”) attorney of record, Jonathan P. Garcia, Esq. of Yagoubzadeh Law Firm, LLP (“Counsel”), moves to be relieved as counsel, contending relief is necessary because of a significant breakdown in the attorney-client relationship.  

 

Counsel avers the moving papers were served to Plaintiff at his last known address, which was confirmed by mail, telephone, conversation, and overnighting documents to his last known address, including email. Counsel declares that he personally went to Plaintiff’s address and was advised by neighbors that Plaintiff was at home, despite Plaintiff refusing to open his door and communicate with Counsel. (Garcia Decl. ¶ 13.)  

 

However, the motion is denied without prejudice because there is no proof of service. Counsel has not filed proof of service of the notice of motion and motion, declaration, and proposed order on Plaintiff, Cross-Defendant, and Defendant. (California Rules Court, rule 3.1362(d).) Unless Counsel files proof of service, prior to the hearing, demonstrating that all parties were properly served within the meaning of CCP § 1005, the motion is denied without prejudice.  

 

 Moving party 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 March 2024 

 

  

 

 

Hon. Michelle C. Kim 

Judge of the Superior Court