Judge: Cynthia A Freeland, Case: 37-2022-00019371-CU-BC-NC, Date: 2023-09-08 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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SOUTH BUILDING TENTATIVE RULINGS - September 07, 2023

09/08/2023  01:30:00 PM  N-27 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:Cynthia A. Freeland

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Civil - Unlimited  Breach of Contract/Warranty Motion Hearing (Civil) 37-2022-00019371-CU-BC-NC JUROSKY VS CONTURSI [IMAGED] CAUSAL DOCUMENT/DATE FILED: Motion to Be Relieved as Counsel of Record, 08/08/2023

Mark S. Bagula ('Movant')'s motion to be relieved as counsel for Defendant Joseph Contursi ('Defendant') is granted.

The court construes Defendant's lack of opposition as a concession of the motion's merits. See San Diego Rules of Court, Rule 2.1.19.B. In addition, Movant represents that Defendant is in material breach of the parties' retainer agreement by failing to communicate with Movant and to pay fees when due. The foregoing constitutes grounds to grant the motion. See Cal. R. Prof. Conduct 1.16(b)(4), (5). The court further finds that Movant has complied with California Code of Civil Procedure § 284(2) and California Rules of Court, Rule 3.1362. The order relieving Movant as counsel shall be effective once Movant files with the court proof of service of the signed order upon Defendant at Defendant's last known address.

See Cal. R. Ct. 3.1362(e).

This is the tentative ruling for the hearing at 1:30 p.m. on Friday, September 8, 2023. If no party appears at the hearing, this tentative ruling will become the order of the court as of September 8, 2023. If the parties are satisfied with the court's tentative ruling or do not otherwise wish to argue the motion, they are encouraged to give notice to the court and each other of their intention not to appear, though this notice is not required.

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3006596