Judge: Daniel S Belsky, Case: 37-2019-00007626-PR-PL-CTL, Date: 2023-09-14 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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CENTRAL COURTHOUSE TENTATIVE RULINGS - September 13, 2023

09/14/2023  02:00:00 PM  504 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:Daniel S. Belsky

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Probate  Probate Of Will - Letters Of Administration With Will Annexed Motion Hearing (Probate) 37-2019-00007626-PR-PL-CTL ESTATE OF GEORGE W MINGO, JR [IMAGED] CAUSAL DOCUMENT/DATE FILED: Motion to Be Relieved as Counsel of Record, 07/05/2023

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 DENIED without prejudice.

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, Petitioner filed form MC-051 with her information in the attorney box, but the form was signed by Petitioner's former counsel of record, attorney Samuel Kelsall, V. (See ROA 40, Substitution of Attorney filed Jun. 15, 2022.) Thus, it is unclear to the Court who is the moving party. If the motion seeks to relieve attorney Kelsall from representation, the motion is moot given the substitution of attorney already filed in this case.

Moreover, the motion is not made on mandatory judicial council forms in compliance with CRC 3.1362. A proof of service was not filed.

Therefore, the motion is DENIED without prejudice.

Attorney for Petitioner 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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