Judge: Theresa M. Traber, Case: 21STCV35300, Date: 2023-03-08 Tentative Ruling

Case Number: 21STCV35300    Hearing Date: March 8, 2023    Dept: 47

Tentative Ruling

Judge Theresa M. Traber, Department 47

HEARING DATE:     March 8, 2023                        TRIAL DATE: September 19, 2023

CASE:                         Timothy Joseph Toups (deceased) et al. v. 3M Company, et al.

CASE NO.:                 21STCV35300           

MOTION TO BE RELIEVED AS COUNSEL

MOVING PARTY:               Attorney Orian C. Southall, Attorney for Defendant 3M Company

RESPONDING PARTY(S): No opposition on eCourt as of 3/6/23

CASE HISTORY:

·         09/24/21: Complaint filed.

·         10/20/21: The Quikrete Companies, LLC substituted in as Doe 1

·         11/29/21: Dismissal entered as to Quikrete International, Inc.

STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS:

            This is a toxic tort and survival action. Plaintiffs allege that Timothy Joseph Toups, now deceased, was exposed to various toxic chemicals while working in construction, which ultimately caused his fatal illness.

Attorney Orian C. Southall, counsel for Defendant 3M Corporation, moves to be relieved as counsel.

TENTATIVE RULING:

            Attorney Orion C. Southall’s Motion to Be Relieved As Counsel is CONTINUED to March 27, 2023 at 9:00 AM. Moving Counsel is ordered to file and serve on all parties a proposed order on form MC-053.

            Moving Counsel is ordered to give notice to all parties and file proof of service with the Court.

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DISCUSSION:

Attorney Orian C. Southall, counsel for Defendant 3M Corporation, moves to be relieved as counsel.

            Moving Counsel filed two of the three required forms (MC-051 and -052) and included a proof of service as required by California Rules of Court rule 3.1362(d). Moving Counsel’s declaration states that he served Defendant by mail and confirmed the address is current via telephone. (MC-052 ¶ 3.) The record shows, however, that Moving Counsel has not served or filed the requisite proposed order. (MC-053.) Accordingly, the Court directs Moving Counsel to file and serve the required form forthwith on his client and all parties to the action and file proof of service with the Court.

CONCLUSION:

            For the reasons above, Attorney Orion C. Southall’s Motion to Be Relieved As Counsel is CONTINUED to March 27, 2023 at 9:00 AM. Moving Counsel is ordered to file and serve on all parties a proposed order on form MC-053.

            Moving Counsel is ordered to give notice to all parties and file proof of service with the Court.

IT IS SO ORDERED.

Dated: March 8, 2023                         ___________________________________

                                                                                    Theresa M. Traber

                                                                                    Judge of the Superior Court

            Any party may submit on the tentative ruling by contacting the courtroom via email at Smcdept47@lacourt.org by no later than 4:00 p.m. the day before the hearing. All interested parties must be copied on the email. It should be noted that if you submit on a tentative ruling the court will still conduct a hearing if any party appears. By submitting on the tentative you have, in essence, waived your right to be present at the hearing, and you should be aware that the court may not adopt the tentative, and may issue an order which modifies the tentative ruling in whole or in part.