ESMAEIL KHOUBIAN VS HYUN KIM

SUPERIOR COURT OF THE STATE OF CALIFORNIA 

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

On June 19, 2017, Plaintiff Esmaeil Khoubian filed this action against Defendant Hyun Kim arising from a June 23, 2015 automobile collision.  On October, 5, 2018, Defendant filed a motion to quash service of summons.  The Motion was granted on January 18, 2019.  

Plaintiff submitted applications to serve Defendant by publication on October 1, 2019 and July 15, 2020, which were both rejected. Plaintiff filed this Motion for leave to serve Defendant by publication on February 9, 2021.  Defendant specially appears to oppose the Motion. 

Plaintiff’ argues that Defendant should be served by publication if it appears to the satisfaction of the court that the party to be served cannot with reasonable diligence be served in another manner.  (Code Civ. Proc., ; 415.50, subd. (a).) Plaintiff has not made the requisite showing of “reasonable diligence” that would permit service by publication.  (Kott v. Superior Court (1996) 45 Cal.App.4th 1126, 1138-1139.)  Plaintiff submits evidence that Defendant no longer resides in California and has returned to Korea.  But, Plaintiff has made no effort to locate Defendant’s address in the Republic of Korea.  Plaintiff’s counsel only states, without evidence, that they have subpoenaed Defendant’s insurance carrier for his address but that it has not been provided.  Furthermore, service of summons on a person outside the United States is subject to the Hague Service Convention, of which the Republic of Korea is a party. There is no evidence that Plaintiff has attempted to serve Defendant through the Korean Central Authority under the Hague Service Convention’s procedures.  

Plaintiff’s Motion is DENIED. 

Moving party to give notice.

18th day of March 2021

SUPERIOR COURT OF THE STATE OF CALIFORNIA 

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

Hamid R. Moussavian seeks to be relieved as counsel of record for plaintiff Esmaeil Khoubian.  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.)  

However, this Motion is procedurally deficient.  A notice of motion and motion to be relieved as counsel must be made on mandatory form MC-051.  (Cal. Rules of Court, Rule 3.1362(a).)  The Motion must be accompanied by a declaration made on mandatory form MC-052 and a proposed order made on mandatory form MC-053.  (Cal. Rules of Court, Rule 3.1362(c), (e).)  Counsel did not submit a declaration on mandatory form MC-052.  

Also, this hearing was originally set for April 3, 2020 and then continued to July 15, 2020.  But, the notice of amended hearing was filed and served on July 6, 2020, which is insufficient time for a motion to be noticed per Code of Civil Procedure section 1005(b).

Accordingly, this Motion to be relieved is DENIED without prejudice.

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.  

Dated this 15th day of July 2020

SUPERIOR COURT OF THE STATE OF CALIFORNIA 

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

Hamid R. Moussavian seeks to be relieved as counsel of record for plaintiff Esmaeil Khoubian.  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.)  

However, this Motion is procedurally deficient.  A notice of motion and motion to be relieved as counsel must be made on mandatory form MC-051.  (Cal. Rules of Court, Rule 3.1362(a).)  The Motion must be accompanied by a declaration made on mandatory form MC-052 and a proposed order made on mandatory form MC-053.  (Cal. Rules of Court, Rule 3.1362(c), (e).)  Counsel did not submit a declaration on mandatory form MC-052.  

Also, this hearing was originally set for April 3, 2020 and then continued to July 15, 2020.  But, the notice of amended hearing was filed and served on July 6, 2020, which is insufficient time for a motion to be noticed per Code of Civil Procedure section 1005(b).

Accordingly, this Motion to be relieved is DENIED without prejudice.

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.  

Dated this 15th day of July 2020