Judge: William A. Crowfoot, Case: 21STCV35597, Date: 2022-12-08 Tentative Ruling

Case Number: 21STCV35597    Hearing Date: December 8, 2022    Dept: 27

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

 

SAMUEL HOUSTON,

                   Plaintiff(s),

          vs.

 

PARSA FEREYDOUNI,

 

                   Defendant(s).

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      CASE NO.: 21STCV35597

 

[TENTATIVE] ORDER RE: MOTION TO BE RELIEVED

 

Dept. 27

1:30 p.m.

December 8, 2022

 

 

 

 

Gerald E. Agnew, Jr. seeks to be relieved as counsel of record for Plaintiff Samuel Houston on grounds that a conflict of interest has arisen.  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 set for March 27, 2023 and no prejudice will result from granting this motion.  However, Counsel makes contradicting representations within his declaration.  If Plaintiff has successfully been served with this motion by personal service, as the proof of service filed on November 8, 2022, indicates, then the address provided in Item 6 of the proposed order should be listed as his “current” address.  Also, if Plaintiff has been electronically served, Counsel should include his email address in Item 6.  The proposed order is also deficient because it is missing the OSC re: Dismissal scheduled for September 23, 2024. 

Accordingly, the hearing on this motion to be relieved is CONTINUED to December 29, 2023, at 1:30 p.m.

Moving party 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.