Judge: Thomas D. Long, Case: 21STCV25996, Date: 2023-04-13 Tentative Ruling

Case Number: 21STCV25996    Hearing Date: April 13, 2023    Dept: 48

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

Jeffrey L. Le Pere of Prestige Legal Solutions, P.C., counsel of record for Plaintiff Arely Gonzalez, seeks to be relieved as counsel.  Counsel’s declarations state that there has been a breakdown of the attorney-client relationship. No party opposed the motion.

Counsel has submitted the required judicial council forms, i.e., Forms MC-051, MC-052, and MC-053.  However, the documents submitted contain some issues.  With respect to service, item 3 on the declaration provides conflicting information.  For item 3(a), Counsel states that the moving papers for this motion were mail served on Plaintiff, but each of the above-identified forms has a proof of service attached which indicates that Plaintiff was served personally with each document.  This also conflicts with item 3(b) on the proposed order.

Moreover, item 3(b) on the declaration claims that Counsel has both confirmed Plaintiff’s last known address within the past 30 days and that Counsel has been unable to confirm Plaintiff’s last known address.  The certified mail return receipt also shows that the mailing was made more than 30 days before the making of this motion.  The text messages and phone calls only show Counsel’s efforts to confirm Plaintiff’s last known address, they do not confirm it.

The unopposed motion to be relieved is DENIED.

Moving party to give notice.

Parties who intend to submit on this tentative must send an email to the Court at SMCDEPT48@lacourt.org indicating intention to submit.  Parties intending to appear are encouraged to appear remotely and should be prepared to comply with Dept. 48’s new requirement that those attending court in person wear a surgical or N95 or KN95 mask.

       Dated this 13th day of April 2023