Judge: William A. Crowfoot, Case: 21STCV37594, Date: 2022-12-07 Tentative Ruling

Case Number: 21STCV37594    Hearing Date: December 7, 2022    Dept: 27

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

This action arises out of an alleged collision between a rideshare vehicle driven by Defendant Oscar Moquete (“Defendant”) and pedestrian Plaintiff Anna Vaserfirer.  The complaint was filed on October 12, 2021, and trial is set for April 11, 2023.  Defendant is represented by Christopher Filer, Esq. and the law firm Bremer Whyte Brown & O'Meara, LLP.  Defendant’s counsel filed this motion to be relieved as counsel on November 2, 2022, which is accompanied by a declaration, proposed order, and proof of service.

As a preliminary matter, the Court notes the filing of a rules-compliant motion, declaration, proposed order, and proof of service.  Christopher Filer, Esq. makes the following representation in the motion and declaration:

My office was retained by Blue Hill Specialty Insurance Co. to represent [Defendant’s] interest in this action, which we have diligently and faithfully done to date.  Since the date of our retention, coverage has been denied by Blue Hill due to uncovered facts.  There has very little contact with the client, [Defendant], who continues to fail to contact our office despite numerous follow ups.

(Motion, ¶ 3; Filer Decl., ¶ 2.)

Defendant’s counsel attaches a brief email conversation from October 6, 2022 in which it appears Defendant has declined an offer by counsel of retained services in light of the insurer’s denial of coverage.  (Motion, Exh. 1.)

The Court notes that trial is scheduled for April 11, 2023, and no prejudice will result from the granting of this motion.  However, the Court CONTINUES the hearing and orders counsel to submit revised proposed order which includes the client's operational email address for service purposes.  The hearing is continued to December 14, 2022, at 1:30 p.m.  The revised proposed order should be submitted by December 12, 2022. 

Counsel to give notice of this ruling.

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.