Judge: Curtis A. Kin, Case: 21STCV38616, Date: 2022-09-13 Tentative Ruling

Case Number: 21STCV38616    Hearing Date: September 13, 2022    Dept: 72

MOTION TO BE RELIEVED AS COUNSEL

Date:               9/13/22 (8:30 AM)                                         

Case:               Milagro Paz Umanzor et al. v. Sylvester Malone et al. (21STCV38616)

TENTATIVE RULING:

Counsel Ryan G. Block’s Motion to be Relieved as Counsel for defendants Sylvester Malone and Dorothy N. Malone is DENIED.

Although counsel indicates in item 3(a)(2) of the supporting declaration that the clients were served with the moving papers at the last known address, counsel did not file any proof of service indicating the address at which and the date on which defendants Sylvester Malone and Dorothy N. Malone were served, as required by CCP § 1013a.

Counsel also did not file a proof of service indicating that plaintiffs and co-defendants have been served. Parties that have appeared in this action must be served all motions. (CCP §§ 1005(b), 1014; Rule of Court 3.1300(a).) 

Counsel also does not state the address and phone number of plaintiff in item 6 of the proposed order; the date, time, place of the next scheduled hearing in item 7(a) of the proposed order; or the subject matter of the next scheduled hearing in item 7(b) of the proposed order.

The Court notes that in paragraph 2(b) of the notice of motion, counsel checks the box indicating that the address of the Court is noted above in the caption. The address in the caption – 111 N. Hill St., Los Angeles, CA 90012 – is correct. However, counsel inconsistently inserts a different, incorrect address in paragraph 2(b). It is therefore unclear for which court address counsel is noticing this motion.

In light of these numerous defects, the motion is DENIED.