Judge: Craig Griffin, Case: Klete LLC V. Oscar Mike Financial LLC, Date: 2022-10-03 Tentative Ruling
The Motion to be Relieved as Counsel of Record, filed by Joseph M. Adams and Adams & Pham APC, as to the representation of Plaintiff Samuel Ornelas, primarily complies with C.R.C. 3.1362 but failed to include a Proposed Order. California Rule of Court 3.1362(e) requires that a Motion to be Relieved as Counsel include a proposed Order as follows: “The proposed order relieving counsel must be prepared on the Order Granting Attorney's Motion to Be Relieved as Counsel--Civil (form MC-053) and must be lodged with the court with the moving papers. The order must specify all hearing dates scheduled in the action or proceeding, including the date of trial, if known. If no hearing date is presently scheduled, the court may set one and specify the date in the order. After the order is signed, a copy of the signed order must be served on the client and on all parties that have appeared in the case. The court may delay the effective date of the order relieving counsel until proof of service of a copy of the signed order on the client has been filed with the court.”
Moving counsel is to promptly submit an appropriate Proposed Order which complies with Rule 3.1362; the Motion will be granted upon approval thereof, with relief to be effective upon filing of a proof of service of that signed order on the client. Moving counsel to give notice.