Judge: Theresa M. Traber, Case: 23STCV11980, Date: 2024-04-19 Tentative Ruling

Case Number: 23STCV11980    Hearing Date: April 19, 2024    Dept: 47

Tentative Ruling

Judge Theresa M. Traber, Department 47

HEARING DATE:     April 19, 2024                        TRIAL DATE: NOT SET

CASE:                         Employers Compensation Ins. Co. v BaronHR, LLC

CASE NO.:                 23STCV11980           

MOTION TO BE RELIEVED AS COUNSEL

MOVING PARTY:               Antonio Ramos, Counsel for Defendant BaronHR, LLC

RESPONDING PARTY(S): No response on eCourt as of 4/16/24

STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS:

            This is an action for equitable indemnity that was filed on May 26, 2023. Plaintiff alleges that that Defendant failed to maintain insurance for Workers’ Compensation, causing Plaintiff to bear the liability to an employee on a successful workers’ compensation claim.

Attorney Antonio Ramos moves to be relieved as counsel for Defendant BaronHR, LLC.

TENTATIVE RULING:

Attorney Antonio Ramos moves to be relieved as counsel for Defendant BaronHR, LLC.

Pursuant to Code of Civil Procedure section 1005(b), notice of a motion must be given at least 16 court days before the date the motion is to be heard. The time for notice is extended by two court days if notice is served electronically, and by five calendar days if served by mail. (Code Civ. Proc. §§ 1010.6; 1013.) This motion was served by mail and electronic service, and notice was therefore due by March 25, 2024, for electronic service and March 22, 2024 for mail service. Notice of this motion was given on March 27, 2024. This motion was not timely served.

Moreover, although Moving Counsel filed a notice of motion and motion on form MC-051 and a Declaration in Support of the Motion on form MC-052, Moving Counsel did not file a proposed order on form MC-053 as required by California Rules of Court rule 3.1362(d).

As the motion is procedurally defective in multiple respects, the Court cannot grant Moving Counsel the relief sought.

Accordingly, Attorney Ramos’s Motion to be Relieved as Counsel for Defendant is DENIED. This ruling is without prejudice to a procedurally proper motion containing all required filings.

This ruling is conditioned on Moving Counsel giving notice to all parties of the Court’s ruling.

IT IS SO ORDERED.

Dated:  April 19, 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.