Judge: Richard Y. Lee, Case: 30-2021-01200935, Date: 2023-08-17 Tentative Ruling

Tamara A. Laskin, Esq. of Demler, Armstrong & Rowland, LLP moves for an order relieving her as Counsel for Defendant/Cross-Defendant/Cross-Complainant, Eden Fertility Management, LLC.

Motions to be relieved as counsel pursuant to Code of Civil Procedure section 284(2) are governed by California Rules of Court, Rule 3.1362.

 

All of the requirements of California Rules of Court, Rule 3.1362 have been sufficiently met. Moving Counsel has utilized the requisite Judicial Council Forms (MC-051, MC-052, and MC-053), has filed the Proposed Order, has served all parties by email and the client by email and by mail at the client’s last known address, and has demonstrated adequate grounds for granting the motion as the client has “ceased doing all business in 2020, sold its assets and does not otherwise have the ability to defend itself in this action,” and there are no officers, directors, or managing agents to assist in its defense and/or authorized to sign a substitution of counsel. (Declaration of Tamara A. Laskin, ¶ 2, MC-052.) Moving Counsel also provides that the Court granted Ohio Casualty Insurance Company’s motion to intervene on behalf of Eden Fertility Management, LLC on April 4, 2013. (Ibid.) In addition, no prejudice to the client appears.

 

The Court notes, however, that the Proposed Order does not include the currently pending hearing on October 26, 2023, for motions for summary judgment/summary adjudication, or the current trial date, which was recently continued to August 5, 2024. Moving Counsel to submit an amended Proposed Order by the time of the hearing.

 

Therefore, the Court GRANTS the instant Motion to be Relieved as Counsel filed by Tamara A. Laskin on the condition that Moving Counsel submits an amended Proposed Order on Judicial Council Form MC-053, including all currently pending hearing dates and the current trial date.

 

The Order relieving counsel Tamara A. Laskin, Esq. of Demler, Armstrong & Rowland, LLP as Counsel of Record for Defendant/Cross-Defendant/Cross-Complainant, Eden Fertility Management, LLC is effective upon counsel filing proof of service of a copy of the signed order, and this Minute Order, on the client and on all parties that have appeared in the case. (California Rules of Court, rule 3.1362(e).)

 

Moving Counsel to give notice.