Judge: Teresa A. Beaudet, Case: 22STCV01812, Date: 2022-07-29 Tentative Ruling

Case Number: 22STCV01812    Hearing Date: July 29, 2022    Dept: 50

Superior Court of California

County of Los Angeles

Department 50

Michael H. Florentin (“Counsel”) moves to be relieved as counsel for Defendants Karen Shai (“Shai”) and Eminence Medical Management Solutions, Inc. (“Eminence”).   

While Counsel has provided sufficient reason for withdrawal for both motions, a proposed order was not submitted with either motion. Pursuant to Cal. Rules of Court, rule 3.1362(e), “[t]he proposed order relieving counsel must be prepared on the Order Granting Attorney’s Motion to Be Relieved as Counsel--Civil (form MC-053) and must be lodged with the court with the moving papers. The order must specify all hearing dates scheduled in the action or proceeding, including the date of trial, if known.”

In addition, although Item 3 of the declarations (Forms MC-052) for both motions indicate that Counsel has served the client with copies of the moving papers, the proofs of service filed with the motions do not indicate that Counsel’s clients were served. Thus, it does not appear that Shai received service of Counsel’s motion pertaining to Eminence, and vice versa. Pursuant to Cal. Rules of Court, rule 3.1362(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.” 

Lastly, when the motions are resubmitted, the date and time of the CMC must be corrected.[1] 

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

DATED:  July 29, 2022                                  ________________________________

Hon. Teresa A. Beaudet

Judge, Los Angeles Superior Court