Judge: Robert B. Broadbelt, Case: 22STCV29725, Date: 2024-10-16 Tentative Ruling
Case Number: 22STCV29725 Hearing Date: October 16, 2024 Dept: 53
Superior Court of California
County of Los Angeles – Central District
Department
53
|
vs. |
Case
No.: |
22STCV29725 |
|
|
|
|
|
Hearing
Date: |
October
16, 2024 |
|
|
|
|
|
|
Time: |
|
|
|
|
|
|
|
[tentative]
Order RE: motion to be relieved as counsel for
plaintiff |
||
MOVING PARTIES: S. Michael Kernan and The Kernan
Law Firm
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
S. Michael Kernan and The Kernan Law Firm (“Plaintiff’s Counsel”) move
to be relieved as counsel of record for plaintiff Renee Tab (“Plaintiff”) in
this action.
The court finds that Plaintiff’s Counsel did not show that they served
all of the papers filed in connection with this motion on Plaintiff within the
time required by Code of Civil Procedure section 1005, and therefore have not
shown that they have given Plaintiff sufficient notice of the hearing on this
motion.
“[A]ll moving and supporting papers shall be served and filed at least
16 court days before the hearing.” (Code Civ. Proc., § 1005, subd. (b).) “[A]ny period of notice . . . shall be
extended five calendar days, upon service by mail, if the place of address and
the place of mailing is within the State of California . . . .” (Code Civ. Proc., § 1013, subd. (a).)
The court acknowledges that Plaintiff’s Counsel filed a proof of
service establishing that counsel served Plaintiff with the “Declaration in
Support of Attorney’s Motion to be Relieved as Counsel – Civil” by email on
September 20, 2024. (MC-052, p. 3.) The court further acknowledges that
Plaintiff’s Counsel stated, in their declaration, that the moving papers were
served on Plaintiff by mail at Plaintiff’s last known address. (MC-052, ¶ 3, subd. (a)(2).) But Plaintiff’s Counsel (1) did not attach a
proof of service of mailing on Plaintiff, such that the court cannot determine
that Plaintiff’s Counsel served all moving papers on Plaintiff at least 16
court days and 5 calendar days before the hearing on this motion, and (2)
appears to have served the “Notice of Motion and Motion to be Relieved as
Counsel – Civil” on Plaintiff by email (and not by mail) on October 2, 2024,
which is not 16 court days before the hearing on this motion. (MC-052, p. 3, Proof of Service; MC-051, p.
3, Proof of Service.)
Thus, the court finds that Plaintiff’s Counsel have not shown that
they have given sufficient notice of the hearing on the pending motion to
Plaintiff. The court therefore denies
Plaintiff’s Counsel’s motion to be relieved as counsel for Plaintiff, without
prejudice to Plaintiff’s Counsel’s filing a new motion to be relieved as
counsel that provides Plaintiff with sufficient notice.
ORDER
The court denies, without prejudice,
S. Michael Kernan and The Kernan Law Firm’s motion to be relieved as counsel
for plaintiff.
The court orders S. Michael Kernan
and The Kernan Law Firm to give notice of this ruling.
IT IS SO ORDERED.
DATED:
_____________________________
Robert
B. Broadbelt III
Judge
of the Superior Court