Judge Teresa A. Beaudet, Case Number: 23STCV27193, Date: 2024-11-12 Tentative Ruling

ALT METHOD INC., et al., Plaintiffs, vs. BIJAN MAWJI, et al., Defendants.	Case No.:	23STCV27193
	Hearing Date:	November 12, 2024
	Hearing Time:	10:00 a.m.
	[TENTATIVE] ORDER RE: MOTIONS TO BE RELIEVED AS COUNSEL (2)

Daniel B. Lopez of U.S. Law Group (“Counsel”) moves to be relieved as counsel for Defendants Bijan Mawji and Mawji Tait Holdings Inc.

The Court notes that Counsel has provided sufficient reason for withdrawal. However, the proofs of service filed with the motions indicate that Counsel’s clients and Plaintiffs were served with the moving papers on October 17, 2024 “by USPS mail and/or e-filing and/or e-mail and/or electronic transmission.” Thus, it is unclear if the parties were served by mail or electronic service. The Court notes that California Rules of Court, rule 3.1362, subdivision (d) contains different requirements depending on whether the motion was served by mail or electronic service.

In addition, the Court notes that under Code of Civil Procedure section 1005, subdivision (b), “[u]nless otherwise ordered or specifically provided by law, all moving and supporting papers shall be served and filed at least 16 court days before the hearing…However, if the notice is served by mail, the required 16-day period of notice before the hearing shall be increased by five calendar days if the place of mailing and the place of address are within the State of California…and 20 calendar days if either the place of mailing or the place of address is outside the United States…”

Here, sixteen court days prior to the November 12, 2024 hearing is October 18, 2024.

As to service on Counsel’s clients, the proofs of service filed with the motions list addresses in “Vancouver, BC.” As discussed above, “if the notice is served by mail, the required 16-day period of notice before the hearing shall be increased by…20 calendar days if either the place of mailing or the place of address is outside the United States…” (Code Civ. Proc., § 1005, subd. (b).) Twenty calendar days prior to October 18, 2024 is September 28, 2024. However, the proofs of service filed with the motions indicate that the moving papers were served on October 17, 2024. In addition, as to service on Plaintiffs, five calendar days prior to October 18, 2024 is October 13, 2024. However, as discussed, the proof of service filed with the motions indicate that the moving papers were served on October 17, 2024. Thus, it appears that the motions were not timely served under Code of Civil Procedure section 1005, subdivision (b).

Lastly, the Court notes that Item 6 of the proposed order pertaining to Defendant Mawji Tait Holdings is blank.

Based on the foregoing, the Court denies the motions without prejudice. Counsel is ordered to give notice of this order.

Superior Court of California

County of Los Angeles

Department 50