Superior Court of California¿ 

County of Los Angeles¿ 

Department 78¿ 

¿ 

 

Defendant Francisco Rene Hernandez’s (“Defendant”) attorney of record, James D. Hornbuckle of Gomez Law, APC (“Counsel”), moves to be relieved as counsel contending relief is necessary because of an irreparable breakdown of the attorney-client relationship. 

Counsel declares he has served Defendant by mail at the last known address, which Counsel confirmed within the last 30 days as current by mail, return receipt requested. Counsel has filed proof of service of the motion, declaration, and proposed order on all parties to the action, including on Defendant pursuant to California Rules Court, rule 3.1362(d). 

On May 13, 2024, Defendant filed an objection to Counsel’s motion. Defendant declares that he paid Counsel all of his savings to represent him until the case settled or until there was a judgment in this matter, and that it is impossible for him to look for a new attorney without money. Defendant seeks denial of the motion until either the action is completed, or Counsel returns the money paid by Defendant so that he can retain another attorney.  

On July 10, 2024, plaintiff Ricardo Mosqueda filed a Notice of Settlement of Entire Case. The settlement of the matter addresses appears to address Defendant’s concerns. To date, the Court has not received any other information, and therefore operates under the assumption that the case matter has indeed been settled, with the action to be dismissed by October 10, 2024. (Notice of Settlement, July 10, 2024.)  

The motion is therefore GRANTED; the ruling is effective upon filing proof of service of the final order. The trial date has been vacated based upon the Notice of Settlement and there does not appear to be any apparent need for Defendant to seek other counsel at this juncture. 

Counsel is ordered to file proof of service of the final order within ten (10 days). The Court sets an Order to Show Cause re: Proof of Service of the Final Order for ___________________. 

 

Moving Counsel is ordered to give notice. 

 

DATED: July 31, 2024 

__________________________ 

Hon. Michelle C. Kim 

Judge of the Superior Court 

 

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 SMCDEPT78@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.