Judge: Michelle C. Kim, Case: 23STCV13924, Date: 2023-09-14 Tentative Ruling

Case Number: 23STCV13924    Hearing Date: September 14, 2023    Dept: 31

SUPERIOR COURT OF THE STATE OF CALIFORNIA  

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT 

 

JARAME SMITH, 

Plaintiff(s), 

vs. 

 

FEDEX, ET AL., 

Defendant(s). 

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Case No.: 23STCV13924 

 

[TENTATIVE] ORDER GRANTING MOTION TO BE RELIEVED AS COUNSEL  

 

Dept. 31 

1:30 p.m. 

September 14, 2023 

 

 

Plaintiff Jarame Smith (“Plaintiff”) attorney of record, Malek H. Shraibati, Esq. and BD&J, PC (“Counsel”), moves to be relieved as counsel, contending there has been a breakdown of the attorney-client relationship, which has significantly impeded counsel's ability to effectively prosecute this case and represent Plaintiff's interests. Counsel declares a voluntary substitution of attorney form could not be obtained from Plaintiff, who no longer responds to calls and/or mail. To date, Plaintiff's counsel is unaware of any new counsel.  

 

Counsel declares the moving papers were served on Plaintiff via mail at Plaintiff’s last known address, which counsel has been unable to confirm after making the following efforts: mailing with return receipt requested, calling Plaintiff’s last known number, and commissioning the services of a private investigator. Counsel declares they have filed proof of service of the moving papers on Plaintiff and on the Clerk of the Court.  

 

Trial is currently set for December 13, 2024. Therefore, there is sufficient time for Plaintiff to seek other counsel. The motion is GRANTED; the ruling is effective upon filing proof of service of the final order. 

 

  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 13th day of September 2023 

 

  

 

 

Hon. Michelle C. Kim 

Judge of the Superior Court