Judge: Robert S. Draper, Case: 20STCV13730, Date: 2023-04-03 Tentative Ruling
Case Number: 20STCV13730 Hearing Date: April 3, 2023 Dept: 78
The parties
should note that Department 26 (Judge Elaine Lu) will be hearing this motion on
April 3, 2023 in Judge Robert Draper’s absence.
|
empire
industries, ltd., Plaintiff, v. ocean unlimited
corp., et
al., Defendants. |
Case No.: 20STCV13730 Hearing Date: April 3, 2023 [TENTATIVE]
order RE: Attorney lawrence c. ecoff’s motion to
be relieved as counsel for defendant Pak to lam |
Defense counsel, Lawrence C. Ecoff (“Counsel”),
moves to be relieved as counsel for Defendant Pak To Lam (“Client”). On January
23, 2023, Counsel filed the instant motion to be relieved as counsel.
Counsel has filed a form MC-051 and MC-052
and has lodged with the Court a copy of the proposed order on form MC-053
pursuant to CRC Rule 3.1362.
The MC-052 form states that Counsel served
Client via mail at Client’s last known mailing address, which Counsel states he
has confirmed as current within 30 days of the motion by telephone.
Counsel states that Client has breached
the terms of the attorney-fee arrangement by failing to honor Client’s payment
obligation, despite Counsel’s repeated requests that Client honor the terms of
the agreement.
Counsel is ordered to appear at the
hearing and submit a corrected proposed order on form MC-053. Based on the
notice of motion and the declaration filed by counsel, the Court is inclined to
grant the motion. However, the proposed order lodged with the Court has not
been properly completed. Counsel must submit a revised proposed order at or
before the hearing on this motion.
The proposed order must identify all
upcoming hearings and list the address of the Court in all items. The Court’s records show the following
upcoming hearings, which must all be listed in the revised proposed order:
-
In
item 7 (next scheduled hearing):
o
“Hearing
on Motion to be Relieved as Counsel, set for April 11, 2023 at 8:30 am at 111
N. Hill St., Dept. 78, L.A., CA 90012.”
-
In
item 5 (additional hearings):
o
“Hearing
on Motion to be Relieved as Counsel - set for April 14, 2023 at 8:30 am at 111
N. Hill St., Dept. 78, L.A., CA 90012”
o
“Hearing
on Motion to be Relieved as Counsel - set for April 17, 2023 at 8:30 am at 111
N. Hill St., Dept. 78, L.A., CA 90012”
o
“Final
Status Conference set for April 17, 2023 at 8:30 am at 111 N. Hill St., Dept. 78,
L.A., CA 90012”
-
In
Item 9, Counsel must include the following language: “Failure to appear at
trial will result in the Court deeming that Defendant waives Defendant’s
appearance for trial, the trial proceeding in Defendant’s absence, and the
entry of judgment against Defendant in any amount of damages and fees proven at
trial.”
-
In
Item 13: “Moving Counsel is ordered to
serve all parties, including Client, with a copy of this signed order and file
proof of service of such within three days.”
Counsel is responsible for determining if
there are any other hearings scheduled or due dates for discovery for this
case, including any motions hearings, which must all be listed in the proposed
order. For each hearing, Counsel must
state the date, time, and location of the hearing (“111 N. Hill St., Dept. 26, L.A.,
CA 90012”). For each due date for discovery, Counsel must identify the nature
of the discovery responses that are outstanding, the due date, and the address
where verified responses must be sent.
Provided that Counsel presents the proof
of service along with the corrected MC-053 at or before the hearing on this
motion, the motion to be relieved as counsel will be granted. Otherwise, the motions will be denied without
prejudice.
Counsel should note that after the orders are
signed, the orders will only become
effective upon the filing of a proof of service of a signed copy of each order on
each client. Counsel will remain the attorney of record until Counsel files
with the Court proof of service of the signed orders. Counsel will be ordered
to serve a copy of the signed orders (MC-053) on all parties, including Client,
within three days.
Moving Counsel is ordered to provide
notice of this order and file proof of service of such.
DATED: March 30, 2023 ___________________________
Elaine Lu
Judge of the Superior Court