Judge: Carolyn M. Caietti, Case: 37-2019-00031675-CU-AF-CTL, Date: 2023-12-15 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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HALL OF JUSTICE

TENTATIVE RULINGS - December 14, 2023

12/15/2023  10:30:00 AM  C-70 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:Carolyn Caietti

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Civil - Unlimited  Asset forfeiture Motion Hearing (Civil) 37-2019-00031675-CU-AF-CTL PEOPLE OF THE STATE OF CALIFORNIA VS. OWENS [IMAGED] CAUSAL DOCUMENT/DATE FILED:

Defendant Joseph Owens' Motion to Be Relieved as Counsel is OFF CALENDAR for failure to file a proof of service showing service on Plaintiff People of the State of California. (Cal. Rules of Court, rule 3.1362(d).) This is the sixth time the Court has addressed a request by counsel to be relieved as counsel. (ROA 46, 53, 62, 66, 119.) All of the previous requests have had a service/notice issue. In this motion, the issue is counsel did not confirm a 'current' address for service on Defendant.

If a motion to be relieved as counsel is served on a client by mail, CRC 3.1362(d) requires the motion to include a declaration stating facts showing either: (A) the service address is the current residence or business address of the client; or (B) the service address is the last known residence or business address of the client and the attorney has been unable to locate a more current address after making reasonable efforts to do so within 30 days before the filing of the motion to be relieved. (CRC 3.1362(d)(1)(A)-(B).) 'Current' means the address was confirmed within 30 days before the filing of the motion to be relieved. 'Merely demonstrating that the notice was sent to the client's last known address and was not returned or no electronic delivery failure message was received is not, by itself, sufficient to demonstrate that the address is current.' (CRC 3.1362(d).) Here, the declarations contradict each other. The form declaration (ROA 125) verifies the motion was mailed to the client's last known address, 'return receipt requested' without any proof of a returned receipt. The supplemental declaration merely states the motion was mailed a copy of the motion. There are no facts showing the address is 'current' or what efforts counsel made to locate a more current address. Counsel's act of mailing this motion and the previous motions to Defendant without the correspondence being returned is not sufficient to satisfy CRC 3.1362(d).

There is also no notice the client received notice of the continued hearing date. (ROA 132 – Minute Order continuing the motion from December 8, 2023, to December 15, 2023.) Calendar No.: Event ID:  TENTATIVE RULINGS

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