Judge: Michelle C. Kim, Case: 23STCV06760, Date: 2023-10-03 Tentative Ruling

Case Number: 23STCV06760    Hearing Date: October 3, 2023    Dept: 31

SUPERIOR COURT OF THE STATE OF CALIFORNIA  

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT 

 

CHRISTOPHER JESUS HERNANDEZ, 

Plaintiff(s),  

vs. 

 

RUDY DE PAZ DE LA FUENTE, ET AL., 

 

Defendant(s). 

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      CASE NO: 23STCV06760 

 

[TENTATIVE] ORDER DENYING MOTION TO BE RELIEVED AS COUNSEL  

 

Dept. 31 

1:30 p.m.  

October 3, 2023 

 

Plaintiff Christopher Jesus Hernandez (“Plaintiff”) attorney of record, Anthony Willoughby of Willoughby & Associates (“Counsel”), moves to be relieved as counsel contending relief is necessary because there has been a significant breakdown in communication between Plaintiff and Counsel, and Counsel has had no communication with Plaintiff regarding the case. All mail sent to Plaintiff’s last known address were returned as undelivered. 

Counsel declares he has been unable to confirm Plaintiffs’ address or locate a more current address after mailing the moving papers on Plaintiffs’ last known two addresses with return receipt requested, calling the last known telephone number, and conducting a skip trace. 

If Counsel is unable to serve Plaintiff at a confirmed address, then in addition to serving the moving papers on Plaintiff and all defendants who have appeared in the action, Counsel must also serve the moving papers on the Clerk of the Court- located at Stanley Mosk Courthouse- pursuant to CCP §1011 and California Rules Court, rule 3.1362(d).  

 

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 2nd day of October 2023 

 

  

 

 

Hon. Michelle C. Kim 

Judge of the Superior Court