TENTATIVE RULING 

Calendar: 5

Date: 1/17/2025

Case No. 24 NNCV00317 Trial Date: April 13, 2026  

Case Name: Brouke v. Chi Construction, et al. 

MOTION TO BE RELIEVED AS COUNSEL 

MP: The Hundley Law Firm   

Name of Client: Plaintiff Svetlana G. Brouke  (No Opposition)  

 

RELIEF REQUESTED:

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

GROUNDS FOR MOTION:

Client has failed to respond to numerous attempts (more than 20) by attorney to contact her and gain her cooperation in the handling of this litigated case and assist in responding to pending discovery.

DECLARATION BY MOVING ATTORNEY  

 Reasons why motion is necessary:    Yes  

 Address recently confirmed (within last 30 days)

Checking available databases through Lexis and confirming address in those databases is same given on retaining attorney.     

PROPOSED ORDER No Order 

Address and phone number of client set forth:    No 

Proper warning : No 

Future dates filled in:    No 

ANALYSIS:

Procedural

There has been no proposed order lodged with the court in connection with this motion. 

CRC Rule 3.1362 (e) requires, in pertinent part:

“The proposed order relieving counsel must be prepared on the Order Granting Attorney’s Motion to be Relieved as Counsel—Civil (form MC-053) and must be lodged with the court with the moving papers.  The order must specify all hearing dates scheduled in the action or proceeding, including the date of trial, if known.”  

CRC Rule 3.1362 (d) provides, in pertinent part:

“The notice of motion and motion, the declaration, and the proposed order must be served on the client and on all other parties who have appeared in the case.” 

The proposed order is necessary here because it includes important warnings and informs the client of specific information concerning further proceedings.   In addition, the order provides contact information for the client for the court and other parties going forward.  

Unless at the hearing counsel can show that an order on the proper form and including the required information has been appropriately served, the motion must be denied.

Substantive

RULING:

[No Opposition]

Motion to be relieved as counsel for plaintiff Svetlana G. Brouke is DENIED WITHOUT PREJUDICE.  

The moving papers are not accompanied by the lodging of a proposed order prepared on the Order Granting Attorney’s Motion to Be Relieved as Counsel— Civil form.  See California Rules of Court, Rule 3.1362 (e).  Such an order is required to be served on the client and other parties.  California Rules of Court, Rule 3.1362 (d).  Filling out and serving the proper order is mandatory because it provides the client with necessary warnings, and informs the client of specific information concerning further proceedings, and provides the Court and other parties of necessary contact information for the client going forward. 

 

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.