TENTATIVE RULING

Calendar: 6

Date: 4/14/2023

Case No. 22 GDCV00112 Trial Date: None Set  

Case Name: The Californian Condominium Owners Association, Inc. v. The Estate of 

Allan Fellman, et al. 

MOTION TO BE RELIEVED AS COUNSEL

Moving Party: Adams Stirling PLC

Name of Client: Plaintiff The Californian Condominium Owners Association, Inc.  

(No Opposition)  

Correct address in proof of service?   

 Client: ok   

 Other parties: ok 

16/+5-day lapse? ok   

RELIEF REQUESTED:

Order permitting attorney to be relieved as attorney of record in this action 

GROUNDS FOR MOTION:

Conduct making unreasonably difficult to represent client, breach of fee agreement, client has failed to commit to signing substitution. 

DECLARATION BY MOVING ATTORNEY:

 Reasons why motion is necessary:    ok 

 Address recently confirmed (within last 30 days)

  By search of Secretary of State website for Association agent for service of process   

PROPOSED ORDER:

Address and phone number of client set forth:    No phone number  

Proper warning: ok 

Future dates filled in:    ok  

ANALYSIS:

The proposed order is not complete here and should be modified before the order is signed.   

Specifically, the attorney has failed to check a box at paragraph 5, and will be ordered to check box 5a, in effect, specifying that the attorney will be relieved as attorney of record effective upon the filing of proof of service of the signed order upon the client. 

At paragraph 6, counsel has failed to include the client’s current telephone number.  This requirement is necessary for the court to have appropriate contact information for the plaintiff client. 

Counsel is ordered to modify the order before the motion will be granted. 

RULING:

[No Opposition]

UNOPPOSED Amended 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 with the following modifications: (1) in paragraph 5a, the Order will indicate it becomes effective upon the filing of the proof of service of the signed order upon the client; and (2) in paragraph 6, the Order will include the current telephone number of the client. 

As so modified, the Court will sign the Order and counsel will be relieved effective upon the efiling of the proof of service of the signed order upon the client. 

 GIVEN THE CORONAVIRUS CRISIS, AND TO ADHERE TO HEALTH GUIDANCE THAT DICTATES SAFETY MEASURES, DEPARTMENT D IS ENCOURAGING AUDIO OR VIDEO APPEARANCES

Please make arrangement in advance if you wish to appear via LACourtConnect/Microsoft Teams by visiting www.lacourt.org to schedule a remote appearance.  Please note that LACourtConnect/Microsoft Teams offers free audio and video appearance. Counsel and parties (including self-represented litigants) are encouraged not to personally appear.  With respect to the wearing of face masks, Department D recognizes that currently, the Los Angeles Department of Public Health strongly recommends masks indoors, especially when interacting with individuals whose vaccination status is unknown; for individuals who have a health condition that puts them at higher risk for severe illness; individuals who live with someone who is at higher risk; and for individuals who are around children who are not yet eligible for vaccines.  In accordance with this guidance, it is strongly recommended that anyone personally appearing in Department D wear a face mask.  The Department D Judge and court staff will continue to wear face masks.  If no appearance is set up through LACourtConnect/Microsoft Teams, or otherwise, then the Court will assume the parties are submitting on the tentative.