Tentative Rulings

Case Number: EC066343    Hearing Date: December 06, 2019    Dept: NCB

Superior Court of California

County of Los Angeles

North Central District

Department B

Plaintiffs’ counsel, Robert N. Ives (“Counsel”), moves to be relieved as counsel for Plaintiffs Maria Isabel Belzunce and ERG Home Health Provider, Inc.

Counsel filed the instant motions to be relieved as counsel on November 12, 2019. (The Court notes that there are two copies of the motion to be relieved as counsel for ERG, but the Court will consider the papers filed on November 12, 2019.) Counsel has filed the requisite MC-051 and MC-052 forms pursuant to CRC Rule 3.1362, but has not provided the Court with electronic copies of the proposed order MC-053 forms.

In support of the motion, Counsel provides his declaration detailing the reasons why he moves to be relieved as counsel. Counsel states that Plaintiffs have failed to pay any portion of the attorney’s fees and costs incurred in the prosecution of this case since July 2, 2018, and does not anticipate he will be paid on the overdue statements of fees and services. Counsel also states that he has been unable to communicate with Belzunce for many months, despite sending her emails, making telephone calls, and leaving voice messages to Belzunce and her agents at ERG. He states that he only recently communicated with her when he sent substitutions of attorney on November 4, 2019. He believes there is an irreparable breakdown of the attorney-client relationship. (MC-052, §2 at Attachment 2.)

Counsel caused Plaintiffs to be served with the moving papers by email at Plaintiff’s last known email address, which was confirmed within the past 30 days by email communication. There is no proof of service attached showing that all parties to this action have been served, including Defendant.

The only future hearing date is a Case Management Conference set for December 11, 2019.

CONCLUSION AND ORDER

The Court is inclined to grant the motions to be relieved as counsel. However, by the time of the hearing, Counsel is ordered to: (1) file proofs of service showing that all parties to this action have been timely served with the moving papers; and (2) electronically lodge MC-053 form proposed orders for both motions.

Upon complying with the above orders, the proposed orders electronically lodged by Counsel will be signed at the hearing. The MC-053 orders will become effective upon the filing of a proof of service of a signed copy of the orders on Plaintiffs. Counsel will be required to serve notice of any rulings on the parties including Plaintiffs.

In addition, as ERG is a corporate entity, it cannot represent itself in propia persona. (See Rogers v. Municipal Court (1988) 197 Cal.App.3d 1314, 1318.) Thus, the Court will set an Order to Show Cause re Status of Representation of ERG for January 30, 2020 at 8:30 a.m. The Court also advances the Case Management Conference set for December 11, 2019 to this date and continues it to January 30, 2020 at 8:30 a.m.

Notice to be provided by Counsel to Plaintiff and the other parties.