Judge: William A. Crowfoot, Case: 20STCV08781, Date: 2022-12-09 Tentative Ruling

Case Number: 20STCV08781    Hearing Date: December 9, 2022    Dept: 27

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

 

FRED WAI HUNG YUE, et al.,

                   Plaintiff(s),

          vs.

 

PC PALACES INC., et al.,

 

                   Defendant(s).

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      CASE NO.: 20STCV08781

 

[TENTATIVE] ORDER RE: MOTION TO BE RELIEVED

 

Dept. 27

1:30 p.m.

December 8, 2022

 

 

 

 

Anthony Werbin of Downtown L.A. Law Group seeks to be relieved as counsel of record for Plaintiff Tzu-Fei Chu on grounds that there has been a breakdown in communication.  Absent a showing of resulting prejudice, an attorney’s request for withdrawal should be granted.  (People v. Prince (1968) 268 Cal.App.2d 398, 406.) 

The Court notes that trial in this matter is currently not yet set and no prejudice will result from granting this motion.  However, the proposed order fails to identify all the upcoming hearings such as the OSC re: Failure to File Proof of Service and trial setting conference scheduled for February 10, 2023.  Also, the proof of service filed on November 22, 2022, does not reflect that counsel’s supporting declaration and proposed order was served on the client and all other parties who have appeared in the case.  (Cal. Rules of Court, Rule 3.1362(d).)   

Accordingly, the hearing on this motion to be relieved is CONTINUED to January 11, 2022 at 1:30 p.m. so that Plaintiff’s counsel may submit a revised proposed order and proof of service.  The revised papers should be submitted no later than January 2, 2022. 

 

 

Counsel to give notice.

 

Parties who intend to submit on this tentative must send an email to the Court at SSCDEPT27@lacourt.org indicating intention to submit on the tentative as directed by the instructions provided on the court website at www.lacourt.org.  Please be advised that if you submit on the tentative and elect not to appear at the hearing, the opposing party may nevertheless appear at the hearing and argue the matter.  Unless you receive a submission from all other parties in the matter, you should assume that others might appear at the hearing to argue.  If the Court does not receive emails from the parties indicating submission on this tentative ruling and there are no appearances at the hearing, the Court may, at its discretion, adopt the tentative as the final order or place the motion off calendar.