Judge: Robert B. Broadbelt, Case: 23STCV05092, Date: 2024-04-12 Tentative Ruling
Case Number: 23STCV05092 Hearing Date: April 12, 2024 Dept: 53
Superior Court of California
County of Los Angeles – Central District
Department
53
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23STCV05092 |
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Hearing
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April
12, 2024 |
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[tentative]
Order RE: motion to be relieved as counsel for
plaintiff |
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MOVING PARTY: Ronald K. Sittler
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
Ronald K. Sittler
(“Plaintiff’s Counsel”) filed the pending motion to be relieved as counsel for
plaintiff Anthony Brown (“Plaintiff”) on February 14, 2024, with a hearing date
of March 15, 2024.
On March 11, 2024, the court
issued a minute order (1) stating that it was, on its own motion, continuing
the hearing on Plaintiff’s Counsel’s motion to be relieved as counsel to April
12, 2024, and (2) ordering Plaintiff’s Counsel to give notice to any other
party not listed on the attached Certificate of Mailing. (Mar. 11, 2024 Minute Order, p. 1.) The Certificate of Mailing states that the
court’s March 11, 2024 order was served on Plaintiff’s Counsel. (Mar. 11, 2024 Cert. of Mailing, p. 1.) Thus, Plaintiff’s Counsel was required to
serve a notice of the court’s March 11, 2024 order on Plaintiff.
Plaintiff’s Counsel did not
file a notice of ruling and proof of service with the court establishing that
Plaintiff’s Counsel served Plaintiff with notice of the new hearing date on the
pending motion to be relieved as counsel.
Thus, it appears that Plaintiff has not received notice of the April 12,
2024 hearing on Plaintiff’s Counsel’s motion to be relieved as his counsel.
The court therefore exercises
its discretion to continue the hearing on Plaintiff’s Counsel’s motion in order
to ensure that Plaintiff receives notice of the new hearing date on the motion
to be relieved as counsel.
The court orders that Ronald
K. Sittler’s motion to be relieved as counsel for plaintiff Anthony Brown is
continued to May 20, 2024, at 10:00 a.m., in Department 53.
The court orders that the Order
to Show Cause Re: Entry of Default Judgment scheduled for 4/25/24 is continued
to 7/18/24, at 8:30 a.m., in Department 53.
The court orders plaintiff to
e-file a set of default judgment documents required by California Rules of
Court, rule 3.1800 (including a proposed judgment on Judicial Council Form
JUD-100) no later than July 3, 2024.
The court orders Ronald K.
Sittler (1) to give notice of this ruling to plaintiff Anthony Brown, and (2)
to file with the court, no later than April 19, 2024, the notice of ruling and
a proof of service of the notice of ruling establishing that plaintiff Anthony
Brown has been served with the notice of ruling.
IT IS SO ORDERED.
DATED:
_____________________________
Robert
B. Broadbelt III
Judge
of the Superior Court