Judge: Robert B. Broadbelt, Case: 22STCV28489, Date: 2025-04-11 Tentative Ruling
Case Number: 22STCV28489 Hearing Date: April 11, 2025 Dept: 53
Superior Court of California
County of Los Angeles – Central District
Department
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22STCV28489 |
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Hearing
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April
11, 2025 |
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[tentative]
Order RE: motion to be relieved as counsel for
plaintiff |
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MOVING PARTY: Azuka L. Uzoh
RESPONDING PARTY: Unopposed
Motion to be Relieved as Counsel for Plaintiff
The court
considered the moving papers filed in connection with this motion. No opposition papers were filed.
DISCUSSION
Azuka L. Uzoh (“Plaintiff’s Counsel”) moves to be relieved as counsel
for plaintiff Victor Duque (“Plaintiff”) in this action.
The court finds that Plaintiff’s Counsel has not shown that they
provided Plaintiff with sufficient notice of the hearing on this motion.
First, Plaintiff’s Counsel did not file a proof of service of the
moving papers on Plaintiff as required, such that the court cannot verify (1)
that Plaintiff was served with all the moving papers, and (2) the date and
address of service. (Cal. Rules of
Court, rule 3.1300, subd. (c) [“Proof of service of the moving papers must be
filed no later than five court days before the time appointed for the
hearing”].)
Second, to the extent that Plaintiff’s Counsel served Plaintiff with
this motion by mail on the date that Plaintiff’s Counsel filed this motion
(March 24, 2025), service on that date would not have provided Plaintiff with
sufficient notice. (MC-052, ¶ 3, subd.
(a)(2) [stating that the motion was served by mail].)
“[A]ll moving and supporting papers shall be served and filed at least
16 court days before the hearing [on the motion].”¿ (Code Civ. Proc., § 1005,
subd. (b).)¿ “However, if the notice is served by mail, the required 16-day
period of notice before the hearing shall be increased by five calendar days if
the place of mailing and the place of address are within the State of
California . . . .”¿ (Ibid.)¿¿
Service of the moving papers by mail
on March 24, 2025 would have provided Plaintiff with only 13 court days’ notice
of the hearing on this motion, not the required 16 court days + 5 calendar days’
notice for service by mail.[1] (Code Civ. Proc., § 1005, subd. (b).) For a hearing date of April 11, 2025,
Plaintiff’s Counsel was required to serve Plaintiff with the moving papers by March
19, 2025 for personal service or March 14, 2025 for service by mail.
For the reasons set forth above, the
court denies Plaintiff’s Counsel’s motion to be relieved as counsel for
Plaintiff, without prejudice to Plaintiff’s Counsel’s filing a new motion that
is accompanied by a valid proof of service of the moving papers on Plaintiff.
ORDER
The court denies, without prejudice,
Azuka L. Uzoh’s motion to be relieved as counsel.
The court orders Azuka L. Uzoh to
give notice of this ruling.
IT IS SO ORDERED.
DATED:
_____________________________
Robert
B. Broadbelt III
Judge
of the Superior Court