Judge: Bruce G. Iwasaki, Case: 18STCV03704, Date: 2022-10-03 Tentative Ruling

Case Number: 18STCV03704    Hearing Date: October 3, 2022    Dept: 58

Judge Bruce G. Iwasaki

Department 58

Hearing Date:             October 3, 2022

Case Name:                Joan Cheroti v. Trina Patterson et al.

Case No.:                    18STCV03704

Matter:                        Motion to Be Relieved as Counsel

Moving Party:             Counsel for Plaintiff, Joan Cheroti

Responding Party:      Unopposed

Tentative Ruling:      The Motion to be Relieved as Counsel is continued unless Counsel                                              files a supplemental declaration detailing that he served the                                                 client’s most current e-mail address.

This is a request by Plaintiff’s counsel to be relieved as counsel due to a breakdown of client communication.  The Court previously continued the hearing because counsel did not provide a declaration attesting that his client’s electronic service address is current under California Rules of Court, rule 3.1362(d)(2). 

Counsel has filed a supplemental declaration, which now indicates he “personally served the client with copies of the motion papers filed with this declaration.”  However, no proof of service has been filed with this Court, and the proof of service for the supplemental declaration still indicates electronic service. 

If, before the hearing, counsel Weissman submits a second supplemental declaration in support of his motion to be relieved as counsel that includes proof of timely service upon plaintiff Cheroti and the method of service, the Court will consider it.  Otherwise, the motion will be continued to a later date to be decided at the hearing.