Judge: Michelle C. Kim, Case: 22STCV34460, Date: 2023-12-12 Tentative Ruling

Case Number: 22STCV34460    Hearing Date: December 12, 2023    Dept: 31

SUPERIOR COURT OF THE STATE OF CALIFORNIA  

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT 

 

WILLIAM JONES, 

Plaintiff(s), 

vs. 

 

GHP MANAGEMENT CORP., ET AL., 

Defendant(s). 

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Case No.: 22STCV34460 

 

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

 

Dept. 31 

1:30 p.m. 

December 12, 2023 

 

 

Plaintiff William Jones (“Plaintiff”) attorney of record, Nineli Sarkissian, Esq. of Morgan & Morgan Los Angeles, LLP (“Counsel”), moves to be relieved as counsel contending relief is necessary because of a breakdown in the attorney-client relationship. 

 

However, the motion is denied without prejudice for the following reason: 

 

First, Counsel has attached a proof of service demonstrating service of the motion, declaration, and proposed order on Defendant only. However, there is no proof of service demonstrating service on Plaintiff. (Cal. Rules of Court, rule 3.1362(d).)   

 

Second, Counsel declares she was able to confirm Plaintiff’s address by e-mail, but also contradictorily provides that Counsel has been unable to confirm Plaintiff’s address after mailing and calling the last known number. It is unclear to the Court whether or not Plaintiff’s address has been confirmed, and if it has been confirmed by e-mail, Counsel must provide further explanation.  

 

 

In terms of service of the moving papers to Plaintiff, if Counsel opts to serve Plaintiff by electronic mail, then California Rules of Court, Rule 3.1362(d)(2) states: “If the notice is served on the client by electronic service under Code of Civil Procedure section 1010.6 and rule 2.251, it must be accompanied by a declaration stating that the electronic service address is the client's current electronic service address.”   

 

Otherwise, the usual method of service by mail stands. If Counsel is unable to serve Plaintiff at a confirmed physical address, Counsel must serve the moving papers on Plaintiff, Defendant, and the Clerk of the Court- located at Stanley Mosk Courthouse- pursuant to CCP §1011(b) and California Rules Court, rule 3.1362(d). 

 

 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 11th day of December 2023 

 

  

 

 

Hon. Michelle C. Kim 

Judge of the Superior Court