Felicia Varona, Plaintiff, v. Kmart Corporation, et al., Defendant.

Case No.: BC604466

Hearing Date: June 18, 2018

[TENTATIVE] order RE:

motion to be relieved as counsel

Plaintiff’s counsel, Carlo Noravian (“Counsel”), moves to be relieved as counsel. Counsel filed the instant motion to be relieved as counsel on May 17, 2018.

Counsel has filed forms MC-051, but has failed to file form MC-052, and has failed to lodge a proposed order from on MC-053 pursuant to CRC Rule 3.1362.

In addition, Counsel has failed to file a proof of service declaration to show that the document was served on the client or on Defendant in this action. Under CRC Rule 3.1362, the notice of motion, the declaration, and the proposed order must all be served on the client and any other parties that have appeared in this action before this motion may be heard.

Due to the above defects, the Court denies this motion without prejudice. Should Counsel wish to bring this motion again, the above issues must be corrected. Further, a proposed order on form MC-053 must be lodged with the Court.

The proposed order must list the client’s address for service, as well as all upcoming hearings set as of the date of the filing of the order. The Court’s records show the following upcoming hearings, which should all be listed in the proposed order:

- In item 7 (next scheduled hearing): “Final Status Conference set for July 11, 2018 at 10:00 am at the Spring Street Courthouse, 312 North Spring Street, Department 5, Los Angeles, CA 90012”;

- In item 9: “Trial set for July 25, 2018 at 8:30 am at the Spring Street Courthouse, 312 North Spring Street, Department 5, Los Angeles, CA 90012.” In Item 9, Counsel must also include the following language “Failure to appear at trial will result in dismissal of this action.”

- In item 8 (additional hearings): “Order to Show Cause (OSC) re Dismissal set for December 17, 2018 at 8:30 am at the Spring Street Courthouse, 312 North Spring Street, Department 5, Los Angeles, CA 90012.” In Item 8, Counsel must also include the following language to explain the nature of the OSC re Dismissal: “Failure to show good cause for failure to serve Defendant(s) and/or failure to appear at the 12/17/18 OSC will result in dismissal of this action.”

Counsel is responsible for determining if there are any other hearings scheduled for this matter, 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 including the address and Department number as follows: “Spring Street Courthouse, 312 North Spring Street, Department 5, Los Angeles, CA 90012.”

Conclusion and Order

Counsel’s motion to be relieved is denied without prejudice.

All parties should note that the hearing on this motion and all future hearings and court dates will take place at the Court’s new location: Spring Street Courthouse, 312 N. Spring Street, Department 5, Los Angeles, CA 90012.

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Moving Counsel is ordered to provide notice of this order, including the Court’s new location and new department number, and file proof of service of such.

DATED: June 18, 2018 ___________________________

Elaine Lu

Judge of the Superior Court