Judge: Michelle C. Kim, Case: 22STCV16216, Date: 2024-02-22 Tentative Ruling

Case Number: 22STCV16216    Hearing Date: February 22, 2024    Dept: 31

SUPERIOR COURT OF THE STATE OF CALIFORNIA  

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT 

 

MICHAEL PAUL MILLER, JR., 

Plaintiff(s),  

vs. 

 

STEVON RYDALE LEWIS, ET AL., 

 

Defendant(s). 

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      CASE NO: 22STCV16216 

 

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

 

Dept. 31 

1:30 p.m.  

February 22, 2024 

 

Plaintiff Michael Paul Miller, Jr. (“Plaintiff”) attorney of record, Fernando D. Vargas of Law Offices of Fernando D. Vargas (“Counsel”), moves to be relieved as counsel contending relief is necessary because of irreconcilable differences between Plaintiff and Counsel.   

 

Counsel declares he has been unable to confirm Plaintiff’s address or locate a more current address after mailing the papers with return receipt requested, calling Plaintiff’s last known telephone number, and contacting persons familiar with the client (no specification provided). Counsel has filed proof of service of the motion, declaration, and proposed order on Plaintiff and defendants.  

 

However, if Counsel is unable to serve Plaintiff at a confirmed address, Counsel must also serve the moving papers on the Clerk of the Court, pursuant to CCP §1011 and California Rules Court, rule 3.1362(d).  

 

Based on the foregoing, the motion is denied without prejudice.  

 

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 21st day of February 2024 

 

  

 

 

Hon. Michelle C. Kim 

Judge of the Superior Court