Judge: Michelle C. Kim, Case: 23STCV14243, Date: 2024-03-12 Tentative Ruling

Case Number: 23STCV14243    Hearing Date: March 12, 2024    Dept: 31

SUPERIOR COURT OF THE STATE OF CALIFORNIA  

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT 

 

WILLIAM HARMON, 

Plaintiff(s),  

vs. 

 

LOS ANGELES COUNTY METROPOLITAN TRANSIT AUTHORITY, ET AL., 

 

Defendant(s). 

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      CASE NO: 23STCV14243 

 

[TENTATIVE] ORDER CONDITIONALLY GRANTING MOTION TO BE RELIEVED AS COUNSEL  

 

Dept. 31 

1:30 p.m.  

March 12, 2024 

 

Plaintiff William Harmon (“Plaintiff”) attorney of record, Karabed Mikaelian, Esq. of David Yeremian & Associates (“Counsel”), has filed a motion to be relieved as counsel, contending relief is necessary because there has been a breakdown in communication between Plaintiff and Counsel, and Counsel is unable to effectively represent Plaintiff due to Plaintiff’s inability to communicate with Counsel.  

 

Counsel declares he mailed Plaintiff copies of the papers at an address Counsel confirmed within the past 30 days as current via telephone. Counsel has properly filed proof of service of the notice of motion and motion, declaration, and proposed order on Plaintiff and Defendant. (California Rules Court, rule 3.1362(d).) However, Counsel declares that the envelope containing the moving papers was returned to Counsel’s office, unopened, because Plaintiff’s mailbox is full. As a result, the correspondence was deemed unclaimed and sent back to the sender.  

 

The proof of service appears to indicate that Plaintiff was also served by electronic mail. Counsel may properly serve Plaintiff by electronic service, provided that Counsel furnishes a declaration that the electronic service address was confirmed as current pursuant to California Rules of Court, Rule 3.1362(d)(2).  

 

If Counsel files a satisfactory declaration as such prior to the hearing, then the motion will be granted; the ruling is effective upon filing proof of service of the final order. Trial is currently set for December 17, 2024. Therefore, there is sufficient time for Plaintiff to seek other counsel or otherwise prepare prior to trial. 

 

Otherwise, the motion is denied without prejudice.  

 

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 March 2024 

 

  

 

 

Hon. Michelle C. Kim 

Judge of the Superior Court