Judge: Teresa A. Beaudet, Case: 21STCV02421, Date: 2022-09-01 Tentative Ruling

Case Number: 21STCV02421    Hearing Date: September 1, 2022    Dept: 50

Superior Court of California

County of Los Angeles

Department 50

Thomas D. Sands, Esq. of The Sands Law Group, APLC (“Counsel”) moves to be relieved as counsel for Defendant Exquisite Apparel Corp. Although Counsel has provided sufficient reason for withdrawal, the Court notes a number of defects with the motion.

First, Item 2(a) of the motion (Form MC-051) was not completed.

Second, the motion indicates that Counsel’s client is Exquisite Apparel Corp. Item 4(a) of the motion thus incorrectly indicates that the client presently represented by Counsel is an individual.

Third, it does not appear that Defendant Affluent Staffing, LLC was served with the motion, as this party is not listed in the proof of service filed by Counsel. Pursuant to¿Cal. Rules of Court, rule 3.1362, subdivision (d), “[t]he notice of motion and motion, the declaration,¿and the proposed order¿must be served on the client and on all other parties who have appeared in the case.” 

Fourth, Item 3(b) of Counsel’s Declaration in Support of Attorney’s Motion to be Relieved as Counsel (Form MC-052) was not completed.

Fifth, the dates listed in Counsel’s declaration and proposed Order Granting Attorney’s Motion to be Relieved as Counsel (Form MC-053) for the Non-Appearance Case Review, Final Status Conference, and trial are incorrect. The Court notes that “[t]he order must specify all hearing dates scheduled in the action or proceeding, including the date of trial, if known.” (Cal. Rules of Court, rule 3.1362, subd. (e).)

Sixth, Counsel’s declaration and proposed order do not list the motion to compel compliance and request for sanctions hearings scheduled for October 6, 2022.

Lastly, Items 3 and 5 of the proposed order are blank.

Because of the issues identified above, the motion is denied without prejudice. Counsel is ordered to give notice of this order.

DATED:  September 1, 2022                         ________________________________

Hon. Teresa A. Beaudet

Judge, Los Angeles Superior Court