Judge: Cherol J. Nellon, Case: 21STCV07834, Date: 2023-07-20 Tentative Ruling

Case Number: 21STCV07834    Hearing Date: July 20, 2023    Dept: 14

Instant Motion

 Attorney Matthew D. Hinks (“Hinks”) seeks to be relieved as counsel of record for all Defendants.

Governing Rule

            California Rules of Court Rule 3.1362 requires that counsel fill out forms MC-051, MC-052, and MC-053. These forms serve two basic functions: (1) ensuring that notice is given to the client and (2) providing the court with an adequate explanation of why the matter is being handled via motion rather than mutual consent. See Code of Civil Procedure § 284; California Rules of Court Rule 3.1362.

Decision

            Counsel Hinks has completed the required forms. Those forms indicate that counsel has personally served the clients, and that a proof of service will be filed no less than 5 days before the hearing. No such proof of service has been filed.

            Counsel Hinks indicates that he has lost contact with the clients.

            Counsel has failed to file the proof of service indicated on his forms. The court cannot be sure that notice has been properly provided to the clients. The motions are CONTINUED to August 3, 2023, at 8:30 am. Counsel Hinks is to give notice and file the indicated proof of service by 4 pm on July 27, 2023.