Judge: Michelle C. Kim, Case: 21STCV44236, Date: 2024-06-04 Tentative Ruling

Case Number: 21STCV44236    Hearing Date: June 4, 2024    Dept: 31

SUPERIOR COURT OF THE STATE OF CALIFORNIA  

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT 

 

JOESPH PARRAGA, 

Plaintiff(s),  

vs. 

 

RAMAN OCHART, ET AL., 

 

Defendant(s). 

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      CASE NO: 21STCV44236 

 

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

 

Dept. 31 

1:30 p.m.  

June 4, 2024 

 

Defendant Ramon Ochart’s (“Defendant”) attorney of record, K. Kevin Levian, Esq. of Levian Law (“Counsel”), filed the instant motion to be relieved as counsel, contending relief is necessary because of attorney-client communication issues. 

 

The motion is denied for a couple reasons. First, Counsel declares the papers were served on Defendant at his last known address, which was confirmed within the past 30 days as current by certified mail, return receipt. If it is the intention of Counsel that certified mail has confirmed Plaintiff’s address, then 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).)  Counsel, therefore, must file a copy of the signed return receipt, if and when Counsel refiles the motion to be relieved as counsel. If Counsel is unable to confirm Defendant’s last known address, Counsel must also include the Clerk of Court in the proof of service of the moving papers pursuant to CCP §1011 and California Rules Court, rule 3.1362(d).  

 

Second, the motion fails to comply with the requirements set forth in Cal. Rules of Court, rule 3.1362(d), which requires the notice of motion and motion, the declaration, and the proposed order be served on all parties who have appeared in the case and on the client (i.e. Defendant). The proof of service demonstrates service only on Plaintiff. There is no proof of service on Defendant. 

 

Accordingly, the motion is DENIED without prejudice. 

 

Counsel is ordered to give notice.   

 

PLEASE TAKE NOTICE: 

  • The Court is not available to hear oral argument on this date.¿ If the parties do not submit on the tentative and want oral argument, the hearing will have to be continued, and the parties must work with the clerk to find an available date for the continuance.¿ 

  • 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 3rd day of June 2024 

 

  

 

 

Hon. Michelle C. Kim 

Judge of the Superior Court