Judge: Daniel S Belsky, Case: 37-2021-00044805-PR-PW-CTL, Date: 2024-01-25 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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CENTRAL COURTHOUSE TENTATIVE RULINGS - January 24, 2024

01/25/2024  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 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 Court previously found several defects with the motion and continued the matter for counsel to cure the defects. The defects have been cured. (See ROA 65, Waiver of Notice by U.S. Bank; ROA 60, Colihan Supp. Decl.; and ROA 61, Notice of Hearing, indicating service of the motion papers on the client and all parties.) Therefore, the motion is GRANTED. The Court will sign the proposed order. However, attorney Shillinger is not relieved as counsel of record until the signed order is served on the client and the proof of service is filed with the Court.

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

IT IS SO ORDERED.

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