Judge: Armen Tamzarian, Case: 20STCV41202, Date: 2023-03-13 Tentative Ruling

Case Number: 20STCV41202    Hearing Date: March 13, 2023    Dept: 52

Plaintiff’s Counsel KJMLAW Partners, PLC’s Motion to Be Relieved as Counsel for Plaintiff Residential Advance, LLC

Plaintiff’s counsel Debby S. Doitch of KJMLAW Partners, PLC moves to be relieved as counsel for plaintiff Residential Advance, LLC.

Plaintiff’s counsel’s motion is defective for three reasons.  First, counsel did not file proof of service on defendant Todd K. Bernstein.  When moving to be relieved as counsel, the moving papers “must be served on the client and on all other parties who have appeared in the case.”  (Cal. Rules of Court, rule 3.1362(d).)  Defendant Bernstein has appeared in this case and is entitled to notice of this motion.  Plaintiff’s counsel did not file proof of service of the moving papers on Bernstein.

Second, counsel did not include a declaration that the address where plaintiff was served by mail is the client’s current address or, if it is the last known address, stating the attorney made a reasonable effort to locate a more current address within 30 days before filing the motion.  (Rule 3.1362(d)(1).)  On the declaration (form MC-052), plaintiff’s counsel did not check any box under paragraph 3.b. 

Finally, an attorney moving to be relieved as counsel must submit a proposed order prepared on form MC-053.  (Rule 3.1362(e).)  Plaintiff’s counsel did not submit a proposed order.

The motion is denied.