Judge: Serena R. Murillo, Case: 20STCV08177, Date: 2023-02-09 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: 20STCV08177    Hearing Date: February 9, 2023    Dept: 29

 CASE NUMBER: 21STCV08177

 

 

TENTATIVE 

 

On January 11, 2023, the Motion to Be Relieved as Counsel for Plaintiff, John Roe, was CONTINUED to allow counsel to file a new declaration and proposed order and re-serve it on the client. The current declaration and proposed order incorrectly list the date for the OSC Re: Dismissal as February 27, 2014, rather than February 27, 2024. Further, item 3(b)(1) has not been checked off on the declaration.

 

Counsel has yet to file these documents.

 

 

Moving party is ordered to give notice.  

 

 

NOTICE 

 

 

 

 

COMMENTS 

 

 

Form 

 

Filed "Notice of Motion and Motion to Be Relieved as Counsel-Civil form (MC-051)."¿ CRC Rule 3.1362(a) 

 

DECLARATION 

 

 

 

 

 

 

 

Form 

 

Filed "Declaration in Support of Attorney's Motion to Be Relieved as Counsel-Civil form (MC-052)."¿ CRC Rule 3.1362(c). 

 

 

 

Terms 

 

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). 

Breakdown in attorney-client relationship.

SERVICE 

 

 

 

 

 

 

 

Parties 

 

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). 

 

 

 

Declaration 

 

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 last known address and confirmed within past 30 days that address is current by mail, return receipt requested.

 

 

Current Address 

 

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). 

.  

 

 

CCP §1011(b) 

 

If service was by mail, Code of Civil Procedure section 1011(b) requirements satisfied.¿CRC Rule 3.1362(d). 

 

ORDER 

 

 

 

 

 

 

 

Lodged 

 

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). 

 

 

 

Served 

 

Order served on the client with moving papers. CRC Rule 3.1362(e). 

 

 

 

Dates 

 

The order specifies all hearing dates scheduled in the action or proceeding, including date of trial.¿ CRC Rule 3.1362(e).