Judge: Michelle C. Kim, Case: 21STCV33448, Date: 2023-05-03 Tentative Ruling

Case Number: 21STCV33448    Hearing Date: May 3, 2023    Dept: 31

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

Plaintiff Brittney Monique Washington (“Plaintiff”) attorney of record, Bob B. Khakshooy of the Law Offices of Bob B. Khakshooy, (“Counsel”), moves to be relieved as counsel.  Counsel declares that Counsel is unable to make contact with Plaintiff.  Counsel asserts that without Plaintiff’s cooperation, Counsel will be unable to effectively represent Plaintiff.  Counsel has filed proof of service on Plaintiff.  Counsel declares both that the moving papers were served on Plaintiff at a confirmed address by mail, return receipt requested and emailing Plaintiff, and that Counsel was unable to confirm Plaintiff’s address as current. 

In the Proof of Service, counsel indicates the motion was served on Plaintiff by electronic mail.  California Rules of Court, rule 3.1362(d)(2) states: “If the notice is served on the client by electronic service under Code of Civil Procedure section 1010.6 and rule 2.251, it must be accompanied by a declaration stating that the electronic service address is the client's current electronic service address.”  The Court cannot locate any such declaration with Counsel’s notice of motion, which must be filed before the motion can be granted.

Counsel also states in his declaration that he confirmed the address 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).)  The Court will, therefore, require a copy of the signed return receipt at the time of the hearing.  Counsel may file a copy of the signed return receipt electronically prior to the hearing.

If Counsel appears and satisfies for the Court that Plaintiff’s address is confirmed, the motion will be granted.  Relief will be effective upon filing proof of service of the final order on Plaintiff.  The Order to Show Cause Re: Dismissal for Failure to File Proof of Service will be continued for approximately 90 days to ________ at 8:30 a.m. in this Department to allow Plaintiff sufficient time to find new counsel or otherwise prepare for the hearing. 

However, Counsel indicates they have not gotten any response from Plaintiff, and thus, if Counsel is unable to show that they served Plaintiff at a confirmed address, then the requirement that Counsel serve the moving papers on the Clerk of the Court pursuant to CCP §1011(b) and California Rules Court, rule 3.1362(d) would preclude the granting of the motion.  Accordingly, if Counsel is unable to serve Plaintiff 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). 

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 3^rd day of May 2023