Judge: Michelle C. Kim, Case: 21STCV29245, Date: 2023-05-05 Tentative Ruling

Case Number: 21STCV29245    Hearing Date: May 5, 2023    Dept: 31

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

Plaintiff Johnny Angele Guzman’s (“Plaintiff”) counsel of record, Adina A. Ostoia and KJ Injury & Accident Lawyers, PC (“Counsel”), moves to be relieved as counsel, contending relief is necessary because there has been a breakdown in attorney-client communication such that continued representation is not feasible.  Counsel says it served the moving papers on Plaintiff via mail at Plaintiff’s last known address. 

First, this motion was initially for hearing for Febuary 17, 2023.  The Court’s records show that pursuant to Counsel’s request, it was reschuled for hearing on May 3, 2023.  However, as of April 28, 2023, Counsel has not filed notice with proof of service of the continued hearing date on Plaintiff. 

Second, there is no proof of service of the motion, declaration, and proposed order on Plaintiff.  (Cal. Rules of Court, rule 3.1362(d).)

The motion is therefore denied without prejudice. 

As a final note, Counsel declares the moving papers were served on Plaintiff at an address confirmed as current through certified mail, return receipt.  Certified mail does not establish proof the address is confirmed unless there is a signed return receipt.  (See Cal. Rules of court, rule 3.1362(d)(2).)  If Counsel refiles the motion and indicates Plaintiff’s address is confirmed through certified mail, Counsel must file a copy of the signed return receipt electronically prior to the hearing.

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 5^th day of May 2023