Judge: Daniel S Belsky, Case: 37-2022-00003302-PR-TR-CTL, Date: 2024-01-04 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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CENTRAL COURTHOUSE TENTATIVE RULINGS - January 03, 2024

01/04/2024  02:00:00 PM  504 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:Daniel S. Belsky

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Probate  Trust Proceedings Motion Hearing (Probate) 37-2022-00003302-PR-TR-CTL IN RE THE IRENE RITCHIE-URIAS LIVING TRUST, DTD. NOVEMBER 20, 2020 CAUSAL DOCUMENT/DATE FILED: Motion to Be Relieved as Counsel of Record, 11/20/2023

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 February 15, 2024, at 2 p.m. for counsel to correct the deficiencies noted below.

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.) At the Case Management Conference on October 9, 2023, pursuant to the party's motion, the hearing on the petition (ROA 1) was continued to March 28, 2024. (ROA 44.) The instant motion was filed on November 20, 2023, yet counsel's declaration incorrectly states that no future hearings have been set and fails to identify the hearing set for March 28, 2024. (See ROA 46.) Further, there is no proof of service of the motion papers on attorney Gary Jander, the court appointed Guardian Ad Litem for the minor Sydney Olivia Turkeltaub, an interested party in this action.

Lastly, the Court notes that according to the ROA, attorney Mark Krause has been representing petitioner and appeared at the most recent hearing in October 2023. (See ROA 22, Substitution of Attorney; ROA 44, Minute Order filed Oct. 9, 2023.) Mr. Krause and Mr. Buck represent the same law firm (The Legacy Lawyers, PC), yet there is no motion by Mr. Krause. Given Mr. Buck's averments in the declaration regarding the nature of the breakdown in the attorney-client relationship, it is unclear to the Court whether the law firm, and by extension Mr. Krause, may and will continue to represent the petitioner. There is no motion to withdraw from Mr. Krause. Counsel is reminded that an attorney is not effectively relieved from representation until proper procedures have been followed for withdrawal.

Thus, the motion is CONTINUED to allow counsel to correct the deficiencies noted, and to serve all parties entitled to notice and file proof of the same.

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

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3059977 CASE NUMBER: CASE TITLE:  IN RE THE IRENE RITCHIE-URIAS LIVING TRUST, DTD. NOVEMBER  37-2022-00003302-PR-TR-CTL IT IS SO ORDERED.

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3059977