Judge: Theresa M. Traber, Case: 23STCV04267, Date: 2024-09-10 Tentative Ruling

Case Number: 23STCV04267    Hearing Date: September 10, 2024    Dept: 47

Tentative Ruling

Judge Theresa M. Traber, Department 47

HEARING DATE:     September 10, 2024               TRIAL DATE: NOT SET

CASE:                         Julian Parra v. Julian Parra Trust

CASE NO.:                 23STCV04267           

MOTION TO BE RELIEVED AS COUNSEL

MOVING PARTY:               Attorney John F. Mansour of Mansour Law Group, APLC, Counsel for Plaintiff.

RESPONDING PARTY(S): No response on eCourt as of 09/09/24.

STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS:

            This is an action for fraud that was filed on February 27, 2023. Plaintiff alleges that a trust was established using his identity without his knowledge or consent, and that a false death certificate was recorded bearing his name in Illinois.

Attorney John F. Mansour of Mansour Law Group, APLC, moves to be relieved as counsel for Plaintiff.

TENTATIVE RULING:

Attorney John F. Mansour of Mansour Law Group, APLC, moves to be relieved as counsel for Plaintiff.

Moving counsel filed all three required forms (MC-051, -052, and -053). However, no proof of service by mail or personal service was filed. Further, although Moving Counsel’s Declaration Form MC-052 states that Moving Counsel served the moving papers on Plaintiff by mail and confirmed the address is current by a letter and email (MC-052 ¶ 3), the moving papers provide no dates for the time service by mail was made. Pursuant to Code of Civil Procedure sections 1005(b) and 1013, the last day for timely service by mail for this hearing was Friday, August 9, 2024. (See Code Civ. Proc. §§ 1005(b); 1013.) As there has been no response to this motion, the Court cannot presume timely service where the papers were only filed on August 14, 2024. Moving Counsel’s proof of electronic service does not cure this deficiency, as there is no manifestation of consent to receive electronic service on record, and such consent is required before an unrepresented party may be served by electronic service. (See Code Civ. Proc. § 1010.6; Cal. Rules of Court Rule 2.251.) As Plaintiff effectively stands as an unrepresented party for the purpose of this proceeding, justice and due process require an adherence to the notice requirements for unrepresented parties in this instance.

The Court will therefore continue this hearing to permit Moving Counsel to demonstrate proper service on Plaintiff.

            Accordingly, Attorney John F. Mansour of Mansour Law Group, APLC’s Motion to be Relieved as Counsel for Plaintiff is CONTINUED to Thursday, October 10, 2024, at 9:00 AM.

IT IS SO ORDERED.

Dated:  September 10, 2024                           ___________________________________

                                                                                    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.