Judge: Michelle C. Kim, Case: 23STCV11132, Date: 2024-02-22 Tentative Ruling
Case Number: 23STCV11132 Hearing Date: February 22, 2024 Dept: 31
SUPERIOR COURT OF THE STATE OF CALIFORNIA
FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT
GREGORY HARKER, Plaintiff(s), vs.
RECLAIM-POSSIBILITY, LLC, ET AL.,
Defendant(s). | ) ) ) ) ) ) ) ) ) ) ) | CASE NO: 23STCV11132
[TENTATIVE] ORDER GRANTING MOTION TO BE RELIEVED AS COUNSEL
Dept. 31 1:30 p.m. February 22, 2024 |
Plaintiff Gregory Harker (“Plaintiff”) attorney of record, Ameer A. Shah of Law Offices of Ameer Shah (“Counsel”), moves to be relieved as counsel contending relief is necessary because a total breakdown in the attorney-client relationship.
Counsel declares he has been unable to confirm Plaintiff’s address or locate a more current address after calling Plaintiff’s last known telephone number. Counsel has filed proof of service of the motion, declaration, and proposed order on Plaintiff and Defendant. After the filing of the motion, Counsel provides a separation declaration of his litigation paralegal, Victor Ordonez (“Ordonez”). Ordonez declares that on December 20, 2023, he had a telephonic conversation with Plaintiff, in which Plaintiff was informed of the motion to be relieved counsel, its purpose, and the reasons for the motion. (Ordonez Decl. ¶ 2.) Plaintiff confirmed he received all the moving papers at his residence, and that he would attempt to retain new counsel. (Id. at ¶¶ 3-4.)
Based on the foregoing, the motion is GRANTED; the ruling is effective upon filing proof of service of the final order. Trial is currently set for November 14, 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 21st day of February 2024
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| Hon. Michelle C. Kim Judge of the Superior Court
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