Judge: Teresa A. Beaudet, Case: 22STCV13462, Date: 2023-05-11 Tentative Ruling
Case Number: 22STCV13462 Hearing Date: June 29, 2023 Dept: 50
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KCS
WEST, INC., Plaintiff, vs. 5959
LLC, et al., Defendants. |
Case No.: |
22STCV13462 [c/w 22TRCV00350; 22TRCV00639] |
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Hearing Date: |
June 29, 2023 |
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Hearing Time: |
10:00 a.m. |
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[TENTATIVE]
ORDER RE: MOTION TO BE
RELIEVED AS COUNSEL |
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AND RELATED
CROSS-ACTION |
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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:
________________________________
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.