Tentative Rulings

Case Number: BC694688    Hearing Date: June 23, 2020    Dept: 26

IN ORDER TO IMPLEMENT PHYSICAL DISTANCING AND UNTIL FURTHER NOTICE, THE COURT STRONGLY ENCOURAGES ALL COUNSEL AND ALL PARTIES TO APPEAR REMOTELY FOR NON-TRIAL AND NON-EVIDENTIARY MATTERS, INCLUDING THIS MOTION.

Superior Court of California

County of Los Angeles

Department 26

TRIAL CONTINUANCE

Based on current conditions, including, but not limited to, the COVID-19 pandemic, the need for social distancing, a state of emergency having been declared by Governor Newsom, and the unavailability of civil jurors on the current trial date, the court finds good cause to continue the final status conference and trial dates in this case.

On the court’s own motion, the final status conference is continued to February 11, 2021 at 9:00 am, and the trial is continued to March 1, 2021 at 9:30 am. Discovery and motion cut-off dates are to follow the new trial date.

MOTION TO BE RELIEVED

Defense counsel, Ilya Alekseyeff (“Counsel”), moves to be relieved as counsel for Defendant Zabel Isabel Alepyan (“Client”). On April 6, 2020 Counsel filed the instant motion to be relieved as counsel.

Counsel has filed a form MC-051 and MC-052 and has electronically lodged with the Court a copy of the proposed order on form MC-053 pursuant to CRC Rule 3.1362. However, Counsel has not provided any proof of service. Thus, there is no evidence before the Court that all parties have received proper notice of this motion.

Counsel is ordered prior to the hearing on this motion to electronically file proof of service of the motion (MC-051), declaration (MC-052), and proposed order (MC-053) on all parties, including opposing parties and including Client. If Counsel fails to file proof of timely service of the moving papers, the motion will be denied without prejudice, and Counsel will have to file proof of service on all parties with any renewed motion to be relieved.

If Counsel files proof of timely service of the moving papers, the Court will proceed to address the merits of the motion to be relieved as follows:

The MC-052 form states that Counsel served Client via mail at Client’s last known mailing address, which Counsel states Counsel has confirmed as current within 30 days of the motion by text messages.

Counsel states that Counsel has discovered a conflict of interest with Client and cannot continue to represent Client but can continue to represent Defendant Artur Elizarov.

Counsel is ordered to electronically file a revised proposed order on form MC-053 prior to the hearing on this motion. Based on the notice of motion and the declaration filed by Counsel, the Court is inclined to grant the motion. However, the proposed order on form MC-053 must be updated to reflect the new trial and FSC dates, which the Court has set above. The proposed order must identify all upcoming hearings and list the address of the Court in all items. The proposed order on form MC-053 must include the following additional language:

• Item 3(b) must be checked.

• Item 5(a) must be checked.

• In Item 6: Client’s current mailing address, phone number, and if available, email address, for service.

• In item 7 (next scheduled hearing): “Final Status Conference, set for February 11, 2021 at 9:00 am at 111 N. Hill St., Dept. 26, Los Angeles, CA 90012.”

• In Item 9: “Trial set for March 1, 2021 at 9:30 am at 111 N. Hill St., Dept. 26, Los Angeles, CA 90012. Failure to appear at trial will result in the Court deeming that Defendant waives Defendant’s appearance for trial, the trial proceeding in Defendant’s absence, and the entry of judgment against Defendant in any amount of damages, relief, and fees proven at trial.

• In Item 13: “Moving Counsel is ordered to serve all parties, including Client, with a copy of this signed order and file proof of service of such within three days. IN ORDER TO IMPLEMENT PHYSICAL DISTANCING AND UNTIL FURTHER NOTICE, THE COURT STRONGLY ENCOURAGES ALL COUNSEL AND ALL PARTIES TO APPEAR REMOTELY FOR NON-TRIAL AND NON-EVIDENTIARY MATTERS.”

  Counsel is responsible for determining if there are any other hearings scheduled or due dates for discovery for this case, including any motions hearings, which must all be listed in the proposed order. For each hearing, Counsel must state the date, time, and location of the hearing (“111 N. Hill St., Dept. 26, L.A., CA 90012”). For each due date for discovery, Counsel must identify the nature of the discovery responses that are outstanding, the due date, and the address where verified responses must be sent.

  Provided that Counsel electronically files proper proof of service of the moving papers and a revised proposed order before the hearing on this motion, the motion to be relieved as counsel will be granted. Otherwise, the motions will be denied without prejudice.

  Counsel should note that after the orders are signed, the orders will only become effective upon the filing of a proof of service of a signed copy of each order on each client. Counsel will remain the attorney of record until Counsel files with the Court proof of service of the signed orders. Counsel will be ordered to serve a copy of the signed orders (MC-053) on all parties, including Client, within three days.

DATED: June 23, 2020 ___________________________

Elaine Lu

Judge of the Superior Court