Judge: Daniel S Belsky, Case: 37-2019-00063067-PR-TR-CTL, Date: 2024-03-11 Tentative Ruling
SUPERIOR COURT OF CALIFORNIA,
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CENTRAL COURTHOUSE TENTATIVE RULINGS - February 07, 2024
02/08/2024  02:00:00 PM  504 COUNTY OF SAN DIEGO
JUDICIAL OFFICER:Daniel S. Belsky
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Probate  Trust Proceedings Motion Hearing (Probate) 37-2019-00063067-PR-TR-CTL IN THE MATTER OF THE JACQUELINE F. LUCKEY INTER VIVOS REVOCABLE TRUST DATED JUNE 7, 2005 AS RESTATED AND AMENDED [IMAGED] CAUSAL DOCUMENT/DATE FILED: Motion to Be Relieved as Counsel of Record, 12/06/2023
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 filed by Attorney Gary D. Jander of Brierton, Jones & Jones, LLP is GRANTED.
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, the motion is filed on mandatory judicial council forms, and the proof of service (ROA 77) indicates proper service of the motion papers and notice of hearing on the client and all parties who have appeared in the case. Thus, the motion is GRANTED. The Court will sign the order.
Attorney Jander is directed to serve written notice of ruling on all parties in accordance with the provisions of CCP ยง 1019.5(a).
IT IS SO ORDERED.
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