Superior Court of California¿ 

County of Los Angeles¿ 

Department 78¿ 

¿ 

 

On June 5, 2024, plaintiff Luis Morales’ (“Plaintiff”) attorney of record, Jason J. Buccat of Downtown LA Law Group, LLP (“Counsel”) filed a motion to be relieved as counsel contending relief is necessary because of a breakdown in the attorney-client relationship and actual conflict. 

Under the same hearing reservation number, Counsel filed a piecemeal amended motion thereafter. Counsel filed a supplemental declaration (MC-052) on July 9, 2024, and an amended motion (MC-051) and proposed order (MC-053) on July 24, 2024. The separately filed proof of service provides the parties were served with the amended motion, proposed order, and supplemental declaration on July 9, 2024. (Proof of Service, July 9, 2024.) 

The filing and service of the amended motion fails to comply with CCP §1005(b), which provides in pertinent part, “Unless otherwise ordered or specifically provided by law, all moving and supporting papers shall be served and filed at least 16 court days before the hearing.” (emphasis added). The timing requirement is increased by 5 calendar days for service by mail, and 2 calendar days for overnight or electronic service. (Ibid.)  

Here, Counsel filed the amended motion and proposed order with the Court six court days prior to the hearing. Further, there is an issue with service on Plaintiff. Counsel provides that Plaintiff was served by both mail and email. Cal. Rules of Court, rule 3.1362(d)(2) states: “If the notice is served on the client by electronic service under Code of Civil Procedure section 1010.6 and rule 2.251, it must be accompanied by a declaration stating that the electronic service address is the client's current electronic service address.” There is no declaration regarding the currentness of Plaintiff’s email address for e-service to be proper. In terms of service by mail, Counsel must have served Plaintiff either on or before July 5, 2024 (16 court days + 5 calendar days). Plaintiff was served on July 9, 2024.  

The motion is denied without prejudice on the grounds of the filing and service issues, as stated above. 

 

  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.