Judge: Michelle C. Kim, Case: 22STCV25497, Date: 2024-05-22 Tentative Ruling

Case Number: 22STCV25497    Hearing Date: May 22, 2024    Dept: 31

 

SUPERIOR COURT OF THE STATE OF CALIFORNIA  

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT 

 

CRYSTAL CALDERON and MARIA ESTHER GONSALEZ, 

Plaintiff(s), 

vs. 

 

SOFI STADIUM, ET AL. 

Defendant(s). 

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Case No.: 22STCV25497 

 

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

 

Dept. 31 

1:30 p.m.  

May 22, 2024 

 

 

Plaintiffs Crystal Calderon and Maria Esther Gonsalez (collectively, “Plaintiffs”) attorney of record, Daniel Moossai, Esq. of Downtown L.A. Law Group (“Counsel”), moves to be relieved as counsel.  Counsel declares there has been an irremediable breakdown in the attorney-client relationship.  

 

Counsel declares the moving papers were served on plaintiff Crystal Calderon via mail at Plaintiff’s last known address, which was confirmed not the last 90 days. Counsel further declares the moving papers were personally served on Maria Esther Gonsalez. 

 

The motions are denied without prejudice due to issues of service. Here, the proof of service pertaining to Crystal Calderon provides that she was personally served on May 7, 2024. (Proof of Service, May 13, 2024.) The proof of service pertaining to Maria Esther Gonsalez provides that she was served by substituted service, and that the papers were left with Crystal Calderon on May 7, 2024. (Proof of Service, May 13, 2024.) 

 

 “Unless otherwise ordered or specifically provided by law, all moving and supporting papers shall be served and filed at least 16 court days before the hearing.”  (CCP § 1005(b).) The hearing date was set for May 22, 2024. Accordingly, moving Counsel was required to file and serve the motion by April 30, 2024. Instead, Counsel filed the motion on May 9, 2024, and served Plaintiffs on May 7, 2024. Counsel, thus, failed to give sufficient notice of the motion to Plaintiffs.  

 

Accordingly, 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 May 2024 

 
 

  

 

 

Hon. Michelle C. Kim 

Judge of the Superior Court