Judge: Daniel S Belsky, Case: 37-2010-00151494-PR-GP-CTL, Date: 2023-11-09 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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CENTRAL COURTHOUSE TENTATIVE RULINGS - November 08, 2023

11/09/2023  02:00:00 PM  504 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:Daniel S. Belsky

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Probate  Guardianship Of Person Only Motion Hearing (Probate) 37-2010-00151494-PR-GP-CTL GUARDIANSHIP OF MARIO ALEXANDER NGUYEN AND NATHAN NGUYEN AND HAILEY JAZMINE NGUYEN [IMAGED] CAUSAL DOCUMENT/DATE FILED: Motion to Be Relieved as Counsel of Record, 09/28/2023

Pursuant to Superior Court of San Diego County, Local Rules, rule 4.23.7, the Court's tentative ruling is as follows: The Motion to be Relieved as Counsel is CONTINUED to December 14, 2023, at 2 p.m.

An attorney wishing to withdraw from a probate proceeding as counsel of record must file and serve a Motion to Withdraw in accordance with Code of Civil Procedure section 284 and California Rules of Court, rule 3.1362. (Super Ct. San Diego County, Local Rules, rule 4.21.1(A).) Ruling on a motion to withdraw is a matter of the trial court's discretion. (Flake v. Neumiller & Beardslee (2017) 9 Cal.App.5th 223, 230.) Here, attorney Alcala filed the motion on mandatory judicial council forms in compliance with CRC 3.1362. However, the proofs of service do not show service of Form MC-053, which is required to be served. (See ROA 426, 427.) Further, the proofs of service do not show service on all the parties who have appeared in the case, including service on attorney Lucas Woodward, the court appointed Guardian Ad Litem for Mario Alexander Nguyen, one of the minors in the underlying guardianship matter, as well as attorney Nicole J. D'Ambrogi, Melody Koba, and Fernando Aguirre.

Therefore, the motion is CONTINUED to December 14, 2023, at 2 p.m. for counsel to serve all parties entitled to notice, and to file proof of the same.

Attorney Alcala is directed to serve notice of ruling in accordance with the provisions of CCP § 1019.5(a).

IT IS SO ORDERED.

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