Judge: Michelle C. Kim, Case: 22STCV13226, Date: 2023-11-13 Tentative Ruling

Case Number: 22STCV13226    Hearing Date: February 26, 2024    Dept: 31

SUPERIOR COURT OF THE STATE OF CALIFORNIA  

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT 

 

JAVIER GARCIA, 

Plaintiff(s),  

vs. 

 

HAROLD H. PENA, ET AL., 

 

Defendant(s). 

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      CASE NO: 22STCV13226 

 

[TENTATIVE] ORDER RE: MOTION TO BE RELIEVED AS COUNSEL  

 

Dept. 31 

1:30 p.m.  

February 26, 2024 

 

Plaintiff Javier Garcia (“Plaintiff”) attorney of record, Carol D. Kellogg of Law Office of Carol D. Kellogg (“Counsel”), moves to be relieved as counsel. Counsel avers relief is necessary because there has been a complete breakdown in attorney-client communication. Plaintiff has failed to respond to Counsel’s correspondences, and the telephone number Plaintiff provided is now out of service.  

  

Counsel has filed proof of service of the notice of motion and motion, declaration, and proposed order on Plaintiff and the Clerk of the Court. (California Rules Court, rule 3.1362.) 

 

Based on the foregoing, the motion is GRANTED; the ruling is effective upon filing proof of service of the final order. Trial is currently set for April 16, 2024. 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 23rd day of February 2023 

 

  

 

 

Hon. Michelle C. Kim 

Judge of the Superior Court