Judge: Ralph C. Hofer, Case: 20GDCV00485, Date: 2023-10-20 Tentative Ruling
Case Number: 20GDCV00485 Hearing Date: December 15, 2023 Dept: D
TENTATIVE RULING
Calendar: 11
Date: 12/15/2023
Case No. 20 GDCV00485 Trial Date: None Set
Case Name: Zang v. Jun, et al.
MOTION TO BE RELIEVED AS COUNSEL
Moving Party: A.H. Chan Law Firm, PC
Name of Client: Defendant David Chang (No Opposition)
Correct address in proof of service?
Client: ok
Other parties: ok
RELIEF REQUESTED:
Order permitting attorney to be relieved as attorney of record in this action
GROUNDS FOR MOTION:
Client has made no response to attempted communications. Request for consent ignored. Client is in breach of legal services agreement for not maintaining communications and not paying additional deposit as agreed.
This matter was originally noticed for and heard on October 27, 2023. At the hearing, there was no appearance by, or for, defendant David Chang, or evidently for moving party, A.H. Chan Law Firm, PC. The court had issued a tentative ruling via posting on LACourt.org website, which was to grant the motion and sign the proposed order with specified modifications to be made by moving counsel.
There being no appearance by, or for defendant Chang, the court continued the hearing on the motion to December 8, 2023, along with a Trial Setting Conference and an OSC re: why Sanctions Should not be Imposed against Counsel for Defendant Chang for Failure to Appear.
Counsel Liang was ordered to give notice.
On October 27, 2023, Counsel Liang served Notice of Ruling, giving notice of the court’s orders concerning the OSC and the Trial Setting Conference. The Notice did not indicate that the motion to relieved as counsel was to be heard on December 8, 2023. The Notice had also not been served on the client, defendant David Chang.
At the hearing on December 8, 2023, the court issued a tentative ruling via posting on LACourt.org website, which was to continue the motion on the ground there was no record of the client having been given notice of the continued hearing date.
The court at the hearing considered the arguments of all parties, and adopted the tentative ruling and made it its final order. The hearing was continued to this date.
The moving party was ordered to give notice.
Notice of Ruling was served on December 8, 2023, and indicated that the motion to be relieved as counsel was continued to December 15, 2023, and was served on the client.
On December 12, 2023, counsel submitted an Order Granting Attorney’s Motion to Be Relieved as Counsel, which has evidently not been served on any of the parties or the client, but which includes the current future dates in this matter.
DECLARATION BY MOVING ATTORNEY:
Reasons why motion is necessary: ok
Address recently confirmed (within last 30 days)
By California Secretary of State website. Chang represented he is director and owner of Meiju Group LLC and uses the same address.
PROPOSED ORDER:
Address and phone number of client set forth: ok
Proper warning: ok
Future dates filled in: ok
ANALYSIS:
The court had previously been concerned that notice of the hearing date had not been served on the client.
As noted above, notice of this continued hearing date has now been served on the client.
The court had also been previously concerned in the previous two tentative rulings that the proposed order was not current.
As noted above, a proposed order with the current future dates has been submitted prior to the hearing but has not yet been served on the parties or the client.
This updated Order, electronically received by the court on December 12, 2023, will be accepted by the court.
As the paperwork is now in order, the motion is granted. The court will sign the order electronically received on December 12, 2023, and counsel will be relieved effective upon the filing of proof of service of the signed order upon the client.
RULING:
[No Opposition]
UNOPPOSED Motion to be Relieved as Counsel is GRANTED.
The Court will sign the proposed Order Granting Attorney’s Motion to be Relieved as Counsel-Civil electronically received by the Court on December 12, 2023, and counsel will be relieved effective upon the efiling of the proof of service of the signed order upon the client.
DEPARTMENT D IS CONTINUING TO CONDUCT AND ENCOURAGE
AUDIO OR VIDEO APPEARANCES
Please make arrangement in advance if you wish to appear via LACourtConnect by visiting www.lacourt.org to schedule a remote appearance. Please note that LACourtConnect offers free audio and video appearances. However, ADVANCE REGISTRATION IS REQUIRED.
If no appearance is set up through LACourtConnect, or no appearance is otherwise made, then the Court will assume the parties are submitting on the tentative.
