Judge: Michelle C. Kim, Case: 21STCV34809, Date: 2023-03-20 Tentative Ruling

Case Number: 21STCV34809    Hearing Date: March 20, 2023    Dept: 31

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

Plaintiff Kirk Leroy Peterson’s (“Plaintiff”) attorney of record, Peter Hakim, Esq. (“Counsel”), seeks to be relieved as counsel.  Counsel asserts relief is necessary because of a lack of attorney-client communication.  Further, Counsel provides that after conducting a TLO search, the results revealed that Plaintiff has passed away.  Counsel provides that he does not have any emergency contacts for Plaintiff and is not aware of any kin to appoint as a successor.  Generally, the client's death or incapacity terminates the attorney's authority. (See Civ.C. § 2356(a)(2), (3); Swartfager v. Wells (1942) 53 Cal.App.2d 522, 527-28 [death of client during action terminating authority of attorney to represent client in that suit].)  Thus, the Court recognizes Plaintiff’s death terminates the authority of Counsel. 

The Court notes that TLO search results submitted with the declaration lists possible relatives of Plaintiff’s.  Counsel must attempt to provide notice of the motion to the personal representative of the estate and/or Plaintiff’s heirs and notify them at an address confirmed as current.  (See Cal. Rules of Professional Conduct, Rule 1.16(d); see also State Bar of Cal., Formal Opinion No. 1989-11 [Prior to withdrawing as counsel where client cannot be located, the attorney must take reasonable steps to avoid reasonably foreseeable prejudice to the client and should attempt to preserve the client’s cause of action without exceeding the attorney’s authority.].)

If Counsel cannot identify the personal representative of the estate and/or Plaintiff’s heirs and notify them at an address confirmed as current, Counsel must serve the moving papers on the Clerk of the Court pursuant to CCP §1011(b) and California Rules Court, rule 3.1362(d). 

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 20^th day of March 2023