Judge: Teresa A. Beaudet, Case: 22STCV13462, Date: 2023-05-11 Tentative Ruling

Case Number: 22STCV13462    Hearing Date: June 29, 2023    Dept: 50

 

 

Superior Court of California

County of Los Angeles

Department 50

 

KCS WEST, INC.,

 

                        Plaintiff,

            vs.

5959 LLC, et al.,

 

                        Defendants.

Case No.:

22STCV13462 [c/w 22TRCV00350; 22TRCV00639]

Hearing Date:

June 29, 2023

Hearing Time:

10:00 a.m.

[TENTATIVE] ORDER RE:

 

MOTION TO BE RELIEVED AS COUNSEL

 

AND RELATED CROSS-ACTION

 

 

White and Bright, LLP (“Counsel”) moves to be relieved as counsel of record for Plaintiff Johnson Diversified, Inc., a California corporation doing business as Plumbing Solutions.

While Counsel has provided sufficient reason for withdrawal, Item 5 of Counsel’s Declaration in support of the motion (Form MC-052) and Item 8 of the proposed Order (Form MC-053) do not reference the October 3, 2023 Status Conference re: Order MSC or the February 23, 2024 Final Status Conference.[1] The Court notes that “[t]he proposed order relieving counsel…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).)

In addition, Item 6(b) of the Declaration and Item 9(b) of the proposed Order state that the trial date is set for March 6, 2024 at 8:00 a.m. However, the time of the March 6, 2024 trial date is 9:30 a.m. 

Lastly, Counsel’s notice of motion refers to Counsel’s client as “Plaintiff Johnson Diversified Inc., a California corporation doing business as Plumbing Solutions,” while the proposed Order solely references “Plaintiff Johnson Diversified, Inc.”

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

 

DATED:  June 29, 2023                    

________________________________

Hon. Teresa A. Beaudet

Judge, Los Angeles Superior Court



[1]In addition, after the instant motion to be relieved as counsel was filed, a motion for leave to file a cross-complaint was filed and set for hearing on July 7, 2023.