Judge: Michelle C. Kim, Case: 21STCV45859, Date: 2023-05-17 Tentative Ruling

Case Number: 21STCV45859    Hearing Date: May 17, 2023    Dept: 31

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

Joseph R. Manning Jr. and Babak Hashemi (collectively, “Counsel”), who are attorneys for Plaintiff Eric Maldonado (“Plaintiff”), seek to be relieved as counsel on the grounds that Plaintiff has breached the retainer agreement and failed to maintain contact with Counsel’s office, and that there otherwise has been an irreparable breakdown of the attorney-client relationship. Counsel indicates having attempted to contact Plaintiff multiple times in various formats, but to no avail.

Counsel has filed the appropriate Judicial Council forms for this motion and has filed a proof of service of same. The Court notes, however, that the hearing dates included on the declaration and proposed order (Forms MC-052 and MC-053, respectively) fail to include the date, time, and location for the Order to Show Case re: Dismissal scheduled for hearing on December 11, 2024. Nevertheless, this can be cured by having Counsel provide a revised proposed order to include this missing hearing information. The Court further notes that the previous concerns of proximity to trial date are not present in this instance because the parties stipulated to continuing trial to October 31, 2023, which should provide Plaintiff sufficient time to retain new counsel.

The motion is unopposed and granted on the condition that Counsel submits a revised proposed order (Form MC-053) providing the information for the Order to Show Cause re: Dismissal set for hearing on December 11, 2024. This ruling will be effective upon Counsel’s filing and service of both an updated proposed order (Form MC-053) and a proof of service of the final order on Plaintiff and all other parties.

Counsel is ordered to give notice. 

Parties who intend to submit on this tentative must send an email to the court at sscdept31@lacourt.org indicating intention to submit on the tentative as directed by the instructions provided on the court website at www.lacourt.org.  If the department does not receive an email indicating the parties are submitting on the tentative and there are no appearances at the hearing, the motion may be placed off calendar.  If a party submits on the tentative, the party’s email must include the case number and must identify the party submitting on the tentative.  If the parties do not submit on the tentative, they should arrange to appear remotely.

Dated this 17^th day of May, 2023