Judge: Daniel S Belsky, Case: 37-2021-00044805-PR-PW-CTL, Date: 2023-12-14 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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CENTRAL COURTHOUSE TENTATIVE RULINGS - December 13, 2023

12/14/2023  02:00:00 PM  504 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:Daniel S. Belsky

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Probate  Probate of Will - Letters Testamentary Motion Hearing (Probate) 37-2021-00044805-PR-PW-CTL ESTATE OF REBECCA LYNN HICKMAN AKA REBECCA L. HICKMAN, REBECCA HICKMAN [IMAGED] CAUSAL DOCUMENT/DATE FILED: Motion to Be Relieved as Counsel of Record, 11/07/2023

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 January 18, 2024, 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, the Court found several defects with the motion. First, the proof of service filed in this case (ROA 47) shows service by mail on the client, at 856 Modoc St., Merced, CA 95340, and service on attorney Phillip Bond, who represents a party that appeared in the case. However, the address the client confirmed as his current address is slightly different: 856 Modoc St., Merced, CA 95430. (See ROA 49, Minute Order filed on Nov. 20, 2023.) Thus, the Court cannot confirm whether service of the motion papers on the client was proper.

Second, the proof of service does not indicate service on U.S. Bank, N.A., which filed a creditor's claim back in August 2022. (See ROA 22.) Third, Form MC-052 is incomplete. (See ROA 44.) The form indicates that the client was served by mail, but paragraph 3(b) of the form is left blank, and counsel does not state whether and how the client's 'current' address was confirmed, as required under CRC 3.1362(d).

Therefore, the motion is CONTINUED for counsel to cure the defects noted and to file any amended forms that counsel deems necessary.

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

IT IS SO ORDERED.

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