Judge: Michelle C. Kim, Case: 22STCV32040, Date: 2023-10-02 Tentative Ruling

Case Number: 22STCV32040    Hearing Date: November 6, 2023    Dept: 31

SUPERIOR COURT OF THE STATE OF CALIFORNIA  

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT 

 

SCOTT HATHAWAY, 

Plaintiff(s),  

vs. 

 

SHAN ZHU, ET AL., 

 

Defendant(s). 

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      CASE NO: 22STCV32040 

 

[TENTATIVE] ORDER GRANTING MOTION TO BE RELIEVED AS COUNSEL  

 

Dept. 31 

1:30 p.m.  

November 6, 2023 

 

Plaintiff, Scott Hathaway (“Plaintiff”) attorney of record Drew N. Evans, Esq. of Ball, Bonholtzer & Evans (“Counsel”), moves to be relieved as counsel contending relief is necessary because of an unexpected and irreconcilable breakdown of communication and the attorney-client relationship such that his continued representation of Plaintiff would be impossible and unethical. Counsel declares he informed Plaintiff in writing that Counsel is unable to continue representing him in this action. 

 

Counsel declares they served the moving papers on Plaintiff via mail at Plaintiff’s last known address, which Counsel confirmed was current by mail and e-mail. Counsel filed proof of service of the moving papers on Plaintiff and Defendant.  

 

The motion is unopposed and granted; the ruling is effective upon filing proof of service of the final order. Trial is currently set for March 29, 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 3rd day of November 2023 

 

  

 

 

Hon. Michelle C. Kim 

Judge of the Superior Court