Judge: Theresa M. Traber, Case: BC545169, Date: 2024-02-09 Tentative Ruling

Case Number: BC545169    Hearing Date: February 9, 2024    Dept: 47

Tentative Ruling

Judge Theresa M. Traber, Department 47

HEARING DATE:     February 9, 2024                   TRIAL DATE: NOT SET

CASE:                         Cenigent Health Enhancement Medical Institute v. Dan Mintz, et al. 

CASE NO.:                 BC545169            

MOTION TO BE RELIEVED AS COUNSEL

MOVING PARTY:               Attorney Daniel W. Doyle of Doyle Schafer McMahon, LLP, counsel for Plaintiff

RESPONDING PARTY(S): No response on eCourt as of 2/6/24

CASE HISTORY:

·         05/08/14: Complaint filed. 

·         05/06/16: First Amended Complaint filed. 

·         09/06/16: Second Amended Complaint filed. 

·         11/17/17: Case stayed pending arbitration. 

·         01/14/19: Arbitration ordered terminated. 

STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS:

            Plaintiff allegedly provided medical treatment and medical research services to Defendants. Defendants have not paid outstanding invoices for such services totaling over $1.5 million. 

            Attorney Daniel W. Doyle of Doyle Schafer McMahon, LLP, counsel for Plaintiff, moves to be relieved as counsel.

TENTATIVE RULING:

            Attorney Daniel W. Doyle of Doyle Schafer McMahon, LLP, counsel for Plaintiff, moves to be relieved as counsel.

            On December 8, 2023, Moving Counsel sought to be relieved as counsel for Plaintiff via an ex parte application. The Court declined to issue such relief on an ex parte basis, but specially set a hearing on a formal motion to be relieved as counsel for February 9, 2024. (December 12, 2023 Minute Order.) Moving Counsel’s papers were not filed until January 29, 2024, well after the date for proper notice of a motion as required by Code of Civil Procedure section 1005(b), despite the Court’s order providing Moving Counsel with more than three weeks to do so. Further, Moving Counsel did not prepare the motion, supporting declaration, and proposed order on Judicial Council Forms MC-051, -052, and -053. Use of these forms is mandatory under Rule of Court 3.1362.

            As Moving Counsel has failed to give adequate notice of this motion and failed to comply with the Rules of Court in presenting the moving papers, Moving Counsel’s motion is procedurally deficient in every respect.

            Accordingly, Attorney Daniel W. Doyle of Doyle Shaver McMahon, LLP’s Motion to Be Relieved as Counsel is DENIED.

Moving Party to give notice.

IT IS SO ORDERED.

Dated:  February 9, 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.