Judge: Serena R. Murillo, Case: 19STCV07180, Date: 2023-02-14 Tentative Ruling
DEPARTMENT 29 - LAW AND MOTION RULINGS IMPORTANT (PLEASE SEND YOUR E-MAIL TO DEPT. 29 NOT DEPT. 2)
Communicating with the Court Staff re the Tentative Ruling 1. Please notify the courtroom staff by email not later than 9:30 a.m. on the day of the hearing if you wish to submit on the tentative ruling rather than argue the motion. The email address is SSCDEPT29@lacourt.org. Please do not use any other email address. 2. You must include the other parties on the email by "cc." 3. Include the word "SUBMISSION" in all caps in the Subject line and include your name, contact information, the case number, and the party you represent in the body of the email. If you submit on the tentative and elect not to appear at the hearing, the opposing party may nevertheless appear at the hearing and argue the motions. THE COURT WILL HEAR ARGUMENT UNLESS BOTH SIDES SUBMIT ON THE TENTATIVE. 4. Include the words "SUBMISSION BUT WILL APPEAR" if you submit, but one or both parties will nevertheless appear. 5. For other communications with Court Staff a. OFF-CALENDAR should appear in all caps in the Subject line where all parties have agreed to have a matter placed off-calendar. All counsel should be cc'ed (and where appropriate parties not represented by counsel) and the body of the email should state: (a) name and case number; (b) date of proceeding. b. CASE SETTLED should appear in all caps in the Subject line where all parties have agreed that the case has settled for all purposes. All counsel should be cc'ed (and where appropriate parties not represented by counsel) and the body of the email should state: (a) name and case number; (b) whether notice of settlement/dismissal documents have been filed; (c) if (b) has not been done, a date one year from the date of your email which will be a date set by the court for an OSC for dismissal of the case. c. STIPULATION should appear in all caps in the Subject line where all parties have stipulated that a matter before the court can be postponed. All counsel should be cc'ed (and where appropriate parties not represented by counsel) and the body of the email should state: (a) name and case number; (b) what proceeding is agreed to be postponed e.g. Trial, FSC; (c) the agreed-upon future date; (d) whether all parties waive notice if the Court informs all counsel/parties that the agreed-upon date is satisfactory. This communication should be used only for matters that are agreed to be postponed and not for orders shortening time. 6. PLEASE MAKE SURE THAT ALL COMMUNICATIONS WITH COURT STAFF DEAL ONLY WITH SCHEDULING AND ADMINISTRATIVE MATTERS AND DO NOT DISCUSS THE MERITS OF ANY CASE. (UPDATED 6/17/2020)
IMPORTANT: In light of the COVID-19 emergency, the Court encourages all parties to appear remotely. The capacity in the courtroom is extremely limited. The Court appreciates the cooperation of counsel and the litigants.
ALSO NOTE: If the moving party does not contact the court to submit on the tentative and does not appear (either remotely or in person), the motion will be taken off calendar. THE TENTATIVE RULING WILL NOT BE THE ORDER OF THE COURT.
Case Number: 19STCV07180 Hearing Date: February 14, 2023 Dept: 29
TENTATIVE
The motion to be relieved as counsel for Plaintiff, Jennifer Godoy,
is CONTINUED. The Court granted the parties’ stipulation to continue trial, and
therefore, the declaration and proposed order now have outdated hearing dates
regarding the FSC and trial. As such, counsel must file a new proposed order
and declaration, and reserve the client and Defendant. Then, file a new proof
of service showing the amended papers were served.
Moving party is ordered to give notice.
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NOTICE |
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COMMENTS |
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Form |
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Filed
"Notice of Motion and Motion to Be Relieved as Counsel-Civil form
(MC-051)."¿ CRC Rule 3.1362(a) |
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DECLARATION |
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Form |
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Filed
"Declaration in Support of Attorney's Motion to Be Relieved as
Counsel-Civil form (MC-052)."¿ CRC Rule 3.1362(c). |
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Terms |
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Declaration states
in general terms and without compromising the confidentiality of the
attorney-client relationship why a motion under Code of Civil Procedure
section 284(2) is brought instead of filing a consent under Code of Civil
Procedure section 284(1).¿ CRC Rule 3.1362(c). |
Loss of communication with client. |
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SERVICE |
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Parties |
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The notice of
motion and motion and declaration were served on the client and on all other
parties who have appeared in the case, by personal service or mail.¿ CRC Rule
3.1362(d). |
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Declaration |
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Notice served on
the client by mail, and accompanied by a declaration stating facts showing
that either (1) the service address is the current residence or business
address of the client or (2) the service address is the last known residence
or business address of the client and the attorney has been unable to locate
a more current address after making reasonable efforts to do so within 30
days prior to the filing of the motion to be relieved. CRC Rule
3.1362(d). |
Served the client by mail at client’s last known
address and attorney has been unable to confirm that the address is current
within past 30 days after mailing the motion papers, return receipt
requested; calling the client’s last known number; conducting a skip trace. |
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Current Address |
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Address confirmed
within 30 days prior to the filing of the motion to be relieved. Merely
demonstrating that the notice was sent to the client’s last known address and
was not returned will not, by itself, be sufficient to demonstrate that the
address is current.¿¿ CRC Rule 3.1362(d). |
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CCP §1011(b) |
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If service was by
mail, Code of Civil Procedure section 1011(b) requirements satisfied.¿CRC
Rule 3.1362(d). |
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ORDER |
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Lodged |
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A proposed order¿on
the Order Granting Attorney's Motion to Be Relieved as Counsel-Civil form
(MC-053) lodged with the court.¿ CRC Rule 3.1362(e). |
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Served |
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Order served on the
client with moving papers. CRC Rule 3.1362(e). |
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Dates |
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The order specifies
all hearing dates scheduled in the action or proceeding, including date of
trial.¿ CRC Rule 3.1362(e). |
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