Judge: Teresa A. Beaudet, Case: 24STCV15897, Date: 2024-11-06 Tentative Ruling
Case Number: 24STCV15897 Hearing Date: November 6, 2024 Dept: 50
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RICHARD BOWER, Plaintiff, vs. CITY OF LOS ANGELES, et
al. Defendants. |
Case No.: |
24STCV15897 |
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Hearing Date: |
November 6, 2024 |
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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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Samer Habbas and Samar Hellar of Law Offices of Samer Habbas &
Associates, P.C. (“Counsel”) move to be relieved as counsel for Plaintiff Richard
Bower (“Plaintiff”).
The Court
notes that while Counsel has provided sufficient reason for withdrawal, Item 5
of the proposed order is blank.
In addition,
the Court notes that on October 14, 2024, Counsel filed a proof of service
indicating that Counsel’s client was served with the moving papers on October
14, 2024 by electronic service. Pursuant to California
Rules of Court, rule 3.1362, subdivision (d)(2), “[i]f the notice is served on the
client by electronic service under Code of
Civil Procedure section 1010.6 and rule 2.251,
it must be accompanied by a declaration stating that the electronic service
address is the client’s current electronic service address. As used in this rule,
‘current’ means that the address was confirmed within 30 days before the filing
of the motion to be relieved. Merely demonstrating that the notice was sent to
the client’s last known address and was not returned or no electronic delivery
failure message was received is not, by itself, sufficient to demonstrate that
the address is current. If the service is by mail, Code
of Civil Procedure section 1011(b) applies.”
Item 3(c) of Counsel’s declaration (Form MC-052) provides
that “Plaintiff confirmed his current email address on July 30, 2024, which was
bower73.r@gmail.com. Plaintiff was served with the moving papers via email, at
his current email addres, [sic] using RMail.” However, Counsel does not appear
to demonstrate that Plaintiff’s electronic service address “was confirmed
within 30 days before the filing of the motion to be relieved.” (Cal. Rules of Court, rule 3.1362, subd. (d)(2).) The
instant motion was filed on October 14, 2024.
Based on the foregoing, the Court denies the motion without prejudice.
Counsel is ordered to give notice of this order.
DATED:
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Hon. Teresa A.
Beaudet
Judge, Los Angeles Superior Court