Judge: Michelle C. Kim, Case: 21STCV45600, Date: 2023-08-22 Tentative Ruling

Case Number: 21STCV45600    Hearing Date: March 1, 2024    Dept: 31

SUPERIOR COURT OF THE STATE OF CALIFORNIA  

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT 

 

DAVID GERMAN, 

Plaintiff(s),  

vs. 

 

PUBLIC STORAGE, ET AL., 

 

Defendant(s). 

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      CASE NO: 21STCV45600 

 

[TENTATIVE] ORDER GRANTING MOTION TO BE RELIEVED AS COUNSEL  

 

Dept. 31 

1:30 p.m.  

March 1, 2024 

 

Plaintiff David German’s (“Plaintiff”) attorney of record, Justin Farahi, Esq. (“Counsel”), moves to be relieved as counsel for Plaintiff. Counsel contends relief is necessary, citing to the permissive withdrawal condition set forth in CRPC 1.16(b)(4), which states “the client by other conduct renders it unreasonably difficult for the lawyer to carry out the representation effectively.”  

 

Counsel declares he has been unable to confirm Plaintiff’s address or locate a more current address after exhaustive skip-trace investigations. 

 

The Court previously instructed Counsel that if he is unable to serve Plaintiff at a confirmed address after making diligent efforts, Counsel must serve the moving papers on both Plaintiff and on the Clerk of the Court pursuant to CCP §1011 and California Rules Court, rule 3.1362(d). On this renewed motion, Counsel filed proof of service demonstrating service on both Plaintiff and the Clerk of Court.  

 

The motion is unopposed and granted; the ruling is effective upon filing proof of service of the final order. No trial date has been set for this matter. Therefore, there is sufficient time for Plaintiff to seek other counsel or otherwise prepare prior to trial. 

 

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 29th day of February 2024 

 

  

 

 

Hon. Michelle C. Kim 

Judge of the Superior Court