Judge: Cynthia A Freeland, Case: 37-2023-00002332-CU-MC-NC, Date: 2024-05-17 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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SOUTH BUILDING TENTATIVE RULINGS - May 16, 2024

05/17/2024  01:30:00 PM  N-27 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:Cynthia A. Freeland

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Civil - Unlimited  Misc Complaints - Other Motion Hearing (Civil) 37-2023-00002332-CU-MC-NC JOES PAVING COMPANY, INC. VS JOHNSON [IMAGED] CAUSAL DOCUMENT/DATE FILED: Motion to Be Relieved as Counsel of Record, 04/09/2024

Cindy A. Brand, Esq. ('Movant')'s motion to be relieved as counsel for Defendant/Cross-Complainant Lance Johnson ('Defendant') is denied without prejudice.

Movant has failed to present evidence that she properly served Defendant with the moving papers. See Cal. R. Ct. 3.1362(d). Although Movant's declaration states that she served Defendant by mail at Defendant's last known address, the proof of service does not reflect such service. See ROA No. 49.

More specifically, the proof of service indicates that on April 9, 2024, Movant electronically served Plaintiff/Cross-Defendant Joe's Paving Inc.'s attorneys (but not Defendant) with the moving papers.

Consequently, the court must deny the motion without prejudice.

In light of the foregoing, the court denies the motion without prejudice.

This is the tentative ruling for the hearing at 1:30 p.m. on Friday, May 17, 2024. If no party appears at the hearing, this tentative ruling will become the order of the court as of May 17, 2024. 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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