Judge: Michelle C. Kim, Case: 22STCV28594, Date: 2024-05-28 Tentative Ruling

Case Number: 22STCV28594    Hearing Date: May 28, 2024    Dept: 31

SUPERIOR COURT OF THE STATE OF CALIFORNIA  

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT 

 

CHARLES PEDREGON, 

Plaintiff(s),  

vs. 

 

MANNING'S BEEF, LLC, ET AL., 

 

Defendant(s). 

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      CASE NO: 22STCV28594 

 

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

 

Dept. 31 

1:30 p.m.  

May 28, 2024 

 

Defendant Manning's Beef, LLC’s (“Defendant”) attorney of record, Jason W. Suh of Freeman Mathis & Gary, LLP (“Counsel”), filed the instant motion to be relieved as counsel, contending relief is necessary because an irreparable breakdown in the working relationship between Defendant and Counsel.  

 

The motion fails to comply with the requirements set forth in Cal. Rules of Court, rule 3.1362. Counsel only filed the notice of motion and motion (MC-051) and a standalone declaration. Subsection (c) requires a declaration on form MC-052, and subsection (e) requires a proposed order on form MC-053. Subsection (d) requires that the proof of service of notice of motion and motion, the declaration, and the proposed order be served on all parties who have appeared in the case and on the client (i.e. Defendant).  

 

Counsel is requested to review Cal. Rules of Court, rule 3.1362, which provides straightforward instructions on the proper filing for relief as counsel. Preliminary, if Counsel is unable to confirm Defendant’s last known address within thirty days of filing a renewed motion, Counsel must also include the Clerk of Court in the proof of service of the moving papers pursuant to CCP §1011 and California Rules Court, rule 3.1362(d).  

 

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

 

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 27th day of May 2024 

 

  

 

 

Hon. Michelle C. Kim 

Judge of the Superior Court