Judge: Daniel S Belsky, Case: 37-2023-00003012-PR-TR-CTL, Date: 2023-10-26 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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CENTRAL COURTHOUSE TENTATIVE RULINGS - October 25, 2023

10/26/2023  02:00:00 PM  504 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:Daniel S. Belsky

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Probate  Trust Proceedings Motion Hearing (Probate) 37-2023-00003012-PR-TR-CTL IN THE MATTER OF THE DARLING TRUST, DATED DECEMBER 4, 2020 [IMAGED] CAUSAL DOCUMENT/DATE FILED: Motion to Be Relieved as Counsel of Record, 09/05/2023

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, counsel did not file the Proposed Order on mandatory judicial council Form MC-053 and did not serve this form on all the parties who have appeared in the case, including the client. Thus, the motion fails to comply with CRC 3.1362 and it is procedurally defective.

Therefore, the motion is DENIED without prejudice.

Attorney Silverstein 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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