Judge Yolanda Orozco, Case 21STCV13299 2022-09-29 Tentative Ruling

Judge: Yolanda Orozco, Case: 21STCV13299, Date: 2022-09-29 Tentative Ruling

Counsel may submit on the tentative ruling by emailing Dept. 31 before 8:30 the morning of the hearing. The email address is smcdept31@lacourt.org. Please do not call the court to submit on the tentative. Please do not submit to the tentative ruling on behalf of the opposing party. Please do not e-mail the Court if you plan to appear and argue.

In deciding whether to submit on the tentative ruling or attend the hearing and present oral argument, please keep the following in mind:

The tentative rulings authored by this court reflect that the court has read and considered all pleadings and evidence timely submitted to the court in connection with the motion, opposition, and reply (if any). Because the pleadings were filed, they are part of the public record.

Oral argument is not an opportunity to simply regurgitate that which a party set forth in its pleadings. Nor, is oral argument an opportunity to "make a record" when there is no court reporter present and the statements and arguments of counsel are already part of the record because they were set forth in the pleadings. Finally, simply because a party or attorney disagrees with the court's analysis and ruling or is not satisfied with it does not necessarily warrant oral argument when no new arguments will be articulated.

If you submit on the tentative, you must immediately notify all other parties email that you will not appear at the hearing. 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 motions. If all parties to the motion submit, this tentative ruling will become the final ruling after the hearing date and it will be memorialized in a minute order. This tentative ruling is not an invitation, nor an opportunity, to file further documents relative to the hearing in question. No such document will be considered by the Court.

**Tentative rulings on Motions for Summary Judgment will only be available for review in the courtroom on the day of the hearing.

Case Number: 21STCV13299 Hearing Date: September 29, 2022 Dept: 31

MOTION TO BE RELIEVED AS COUNSEL IS DENIED, WITHOUT PREJUDICE

C. Stephanie Chen’s Motion to be Relieved as counsel for Defendant Chang Cheng Yang is DENIED, without prejudice.

Legal Standard

An attorney can be changed or substituted at any time before or after judgment or final determination upon request by either the client or attorney and after notice from one to the other. (Code Civ. Proc. (CCP) § 284.) “The determination whether to grant or deny a motion to withdraw as counsel lies within the sound discretion of the trial court.” (Manfredi & Levine v. Superior Court (1998) 66 Cal.App.4th 1128, 1133.) An application to be relieved as counsel must be made on Judicial Counsel Forms MC-051 (Notice of Motion and Motion), MC-052 (Declaration), and MC-053 (Proposed Order). (CRC 3.1362, subds. (a), (c), (e).)¿¿

In addition, CRC rule 3.1362(d) requires that the Notice of Motion and Motion (MC-051), Declaration (MC-052), and Proposed Order (MC-053) be served on the client and all other parties who have appeared in the case by personal service, electronic service, or mail. (CRC 3.1362(d).)¿

¿If the notice is served by mail, it must be accompanied by a declaration stating facts showing that either:¿ ¿¿

(A) The service address is the current residence or business address of the client; or¿

(B) The service address is the last known residence or business address of the client and the attorney has been unable to locate a more current address after making reasonable efforts to do so within 30 days before the filing of the motion to be relieved. (CRC 3.1362(d), subd. (1) & (2).)¿¿

Discussion

C. Stephanie Chen seeks to be relieved as counsel for Defendant Chang Cheng Yang. Defense counsel asserts there has been a breakdown in the attorney-client relationship based on new information received by Defense counsel. Defense counsel asserts that there is a conflict of interest with co-Defendant Zhong Shen Lin, who is also represented by Defense counsel. (MC-052) Defense counsel asserts that is no cooperation with Yang on this matter, which has made it difficult for Defense counsel to represent Yang. (Id.) Yang has also failed to cooperate in responding to discovery requests and the mediation, which is scheduled to occur soon. (Id.)

Defense counsel asserts it has asked Yang to sign a substitution of attorney, but Yang has refused. (Id.) More importantly, Defense counsel has been unable to confirm Yang’s current address. (Id.) Defense counsel asserts that she has called Yang’s phone several times, but Yang has not responded. (Id.)

Under California Rules of Court, rule 3.1362 subdivision (d), the client must be served with notice of the motion. “If the notice is served on the client by electronic service under Code of Civil Procedure section 1010.6 and rule 2.251, it must be accompanied by a declaration stating that the electronic service address is the client's current electronic service address.” (CRC rule 3.1362(d).)

Defense counsel served the client via his email address but provides no declaration that “that the electronic service address is the client's current electronic service address.” The fact that Defense counsel called the client’s last known telephone number and other persons familiar with the client, are insufficient to provide notice under rule 3.1362.

Therefore, even though Defense counsel has served Plaintiff with notice of this motion, Defense counsel has failed to show that all parties who have appeared in this action have been served with notice of the motion. (See CRC rule CRC 3.1362(d).)

Accordingly, the Motion is DENIED.

Conclusion

C. Stephanie Chen’s Motion to be Relieved as counsel for Defendant Chang Cheng Yang is DENIED, without prejudice.

Defense counsel to provide Notice.

The parties are strongly encouraged to attend all scheduled hearings virtually or by audio. Effective July 20, 2020, all matters will be scheduled virtually and/or with audio through the Court’s LACourtConnect technology. The parties are strongly encouraged to use LACourtConnect for all their matters. All masking protocols will be observed at the Courthouse and in the courtrooms.