Judge: Michelle C. Kim, Case: 22STCV17072, Date: 2023-09-21 Tentative Ruling

Case Number: 22STCV17072    Hearing Date: September 21, 2023    Dept: 31

SUPERIOR COURT OF THE STATE OF CALIFORNIA  

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT 

 

ALAN BONNER, ET AL., 

Plaintiff(s),  

vs. 

 

GUSTAVO ARRIOLA, ET AL., 

 

Defendant(s). 

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      CASE NO: 22STCV17072 

 

[TENTATIVE] ORDER DENYING MOTION TO BE RELIEVED AS COUNSEL  

 

Dept. 31 

1:30 p.m.  

September 21, 2023 

 

Plaintiff Nadine Starr (“Plaintiff”) attorney of record, Paul M. Krueger, Esq. of Barry and Krueger (“Counsel”), moves to be relieved as counsel contending relief is necessary because of a failure to communicate and other conduct which renders it unreasonably difficult for Counsel to carry out representation effectively.  

Counsel declares they served the moving papers on Plaintiff via mail at the client’s last known address. Counsel also declares the address was confirmed by internet search and that email and mail has not been returned. At the same time, Counsel also declares he has been unable to confirm the address or locate a more current address after mailing the papers with return receipt requested, making the efforts of calling the client’s last known telephone number, conducting an internet search, and forwarding the motion papers by email and mail which were not returned. Counsel filed proof of service on Plaintiff and counsel for Defendant.  

The Court previously denied Counsel’s request for relief on June 26, 2023, and provided instruction that if Counsel was unable to serve Plaintiff at a confirmed address, Counsel must serve the moving papers on the Clerk of the Court- located at Stanley Mosk Courthouse- pursuant to CCP §1011 and California Rules Court, rule 3.1362(d). (Min. Order, June 26, 2023.) In Counsel’s new request, Counsel provides a supplemental declaration averring he submitted a request to the U.S. Postmaster in Victorville to confirm if Plaintiff was still receiving mail at the address listed in Counsel’s motion to be relieved. Counsel avers that the U.S. Postmaster confirmed mail is delivered to that address. However, confirmation that mail is delivered as addressed does not necessarily confirm it is Plaintiff’s current address.  

Accordingly, the instructions remain the same. Aside from serving the moving papers on Plaintiff and on all defendants who have appeared in this action, Plaintiff must serve the Clerk of Court as noted above.  

 

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 20th day of September 2023 

 

  

 

 

Hon. Michelle C. Kim 

Judge of the Superior Court