Judge: Stephen I. Goorvitch, Case: 19STLC11506, Date: 2023-05-22 Tentative Ruling

Case Number: 19STLC11506    Hearing Date: May 22, 2023    Dept: 39

Eugene Ellis v. Los Angeles County Probation Department, et al.

Case No. 19STLC11506

Motion to be Relieved as Counsel

Plaintiff Eugene Ellis (“Plaintiff”) filed this action on December 18, 2019.  Plaintiff served the Los Angeles County Probation Department (which is located at 500 West Temple Street in downtown Los Angeles) on July 5, 2022.  Plaintiff served Defendant Rachel Lara on July 13, 2022, and no proof of service was filed for service upon Defendant Toyea Sims.  All defendants filed a demurrer on November 4, 2022, which the Court sustained with respect to the causes of action predicated upon harassment.  The Court ordered that the trial shall proceed with respect to the first, third, fourth (as predicated upon discrimination/retaliation), fifth, sixth, and seventh causes of action. 

            Defendants moved to compel responses to special interrogatories, set one (“SROG”), form interrogatories—employment, set one (“FROG”), and requests for production of documents, set one (“RPD”).  Defendants also moved to deem the matters specified in the requests for admission (“RFAs”) to have been admitted.  The Court granted Defendants’ motions to compel responses to the SROG, FROG, and RDP.  The Court ordered that verified responses, without objections, shall be due on or before June 23, 2023, at 9:00 a.m. and shall be served on Defendants’ counsel via email.  The Court ordered Defendants’ counsel to file a declaration on or before June 26, 2023, informing the Court whether he received responses per this order.  The Court set a compliance hearing for June 27, 2023, at 8:30 a.m. and continued the hearing on the motion to deem admitted to June 27, 2023, at 8:30 a.m.

            Now, Plaintiff’s counsel seeks to be relieved as counsel.  Plaintiff’s counsel’s declaration articulates good cause.  Therefore, the Court orders as follows:

            1.         The Court conditionally grants Plaintiff’s counsel’s motion to be relieved.

            2.         The Court advances and vacates the final status conference and trial dates.

            3.         The Court shall hold a case management conference on June 27, 2023, at 8:30 a.m. at the following location:

            Stanley Mosk Courthouse

            111 North Hill Street

            Department #39 (Goorvitch, J.)

            Los Angeles, California 90012

The Court orders the parties to appear.  The Court orders Plaintiff, or an actual or prospective counsel for Plaintiff, to appear.  However, the Court authorizes remote appearances.  Any party who is experiencing difficulty with a remote appearance may contact the Court’s judicial assistant, Roberto Mendoza, at (213) 633-0159, for assistance.

            4.         The Court provides notice: If Plaintiff does not comply with his discovery obligations on or before June 23, 2023, absent good cause, the Court will dismiss this case with prejudice as a terminating sanction.

            5.         The Court provides notice: If Plaintiff, or an actual or prospective attorney for Plaintiff, does not appear at the case management conference on June 27, 2023, at 8:30 a.m., absent good cause, the Court will dismiss this case with prejudice.

            6.         The Court orders Plaintiff’s counsel to serve BOTH this minute order AND the Court’s signed order relieving her upon Plaintiff.  The Court orders Plaintiff’s counsel to file a proof of service making clear that she served BOTH ORDERS upon Plaintiff.  Once Plaintiff’s counsel complies fully with this order, she shall be automatically relieved.  

            7.         Plaintiff’s counsel shall provide notice as directed by this order.