Case Number: 19STCV14111 Hearing Date: February 19, 2020 Dept: 26

This is an action arising from Plaintiff Salvador Tapia’s (“Plaintiff”) employment with Defendant Augie’s Security, Inc. (“Defendant”).

Sheldon Rosenfield, Esq. (“Counsel”), moves to be relieved as counsel for Defendant. This is a continuance of the second time Counsel has moved for this relief. Previously, the Court denied Counsel’s requested relief without prejudice on November 1, 2019 because of Counsel’s failure to confirm (and explain how he confirmed) Defendant’s mailing address and Defendant’s email address within the past 30 days.

Counsel filed the instant motion to be relieved as counsel on November 21, 2019. At a hearing on December 20, 2019, the Court granted Counsel’s request for a continuance to allow Counsel to file new moving papers to explain how Counsel has confirmed Defendant’s mailing address within the past 30 days in light of the fact that “[Defendant] has not responded to attorney communications and correspondences since June 2019.” (November Decl. § 2 ¶ 2.)

On January 22, 2020, Counsel filed new moving papers which satisfactorily explain how Counsel has confirmed Client’s address.

Defendant does not oppose. Nor does Plaintiff oppose.

Counsel has filed forms MC-051 and MC-052 and has lodged with the Court a copy of the proposed order on form MC-053 pursuant to CRC Rule 3.1362.

The MC-052 form states that Counsel served Defendant at Defendant’s last known mailing address, which Counsel has confirmed is current within the past 30 days by way of two telephone conversations with Client. During those phone conversations, Client indicated that she had been out of the state for several months. Client has confirmed that her address is as stated and that her home address and business address are the same: 533 Clifton Street, Los Angeles, California 90032.

Counsel states that there is a breakdown of relationship and communication between Counsel and Client; Client has failed to supply attorney with requested documents; Client has failed to supply Counsel with requested discovery documents; and Client has failed to pay attorney’s incurred costs and fees in breach of their written fee agreement.

The Court is inclined to grant the motion. There appears to be no prejudice as the next hearing is not until September 2020, and trial is not until December 2020. However, Counsel is ordered to appear at the hearing for this instant motion and submit a corrected proposed order on form MC-053.

The proposed order must be corrected as follows, including the correct time for trial (9:30 am, not 10:00 am) and more adequately describing the consequences of a failure to appear for trial in item 9:

In item 9 (trial): “Trial set for 12/07/2020 in Department 26 at 9:30 am at 111 N. Hill St. LA 90012. Failure to appear at trial may result in the trial proceeding in defendant Augie’s Security, Inc.’s absence and in the entry of judgment against defendant Augie’s Security, Inc. in any amount proven at trial.”

The Court also orders the following language to be added to item 13:

“Moving Counsel is ordered to file proof of service of this signed order on all parties within 3 days. A corporation must be represented by licensed counsel in proceedings before this Court. Augie’s Security, Inc. is ordered to file a substitution of counsel within 14 days of service of this signed order and to appear on March 11, 2020 at 8:30 am in Department 26 with its new counsel. Augie’s Security, Inc.’s failure to timely retain new counsel or failure to appear on March 11, 2020 may result in the answer being stricken and the entry of default and default judgment against Augie’s Security, Inc.”

Counsel should note that after the order is signed, the order will only become effective upon the filing of a proof of service of a signed copy of the order on Defendant. Counsel will remain the attorney of record until Counsel files with the Court proof of service of the signed order. Counsel will be ordered to serve a copy of the signed order (MC-053) on all parties, including Defendant, within 3 days.