Judge: Deborah C. Servino, Case: 30-2021-01200921, Date: 2022-08-19 Tentative Ruling
Daniel G. Lewis of the Law Offices of Andrea L. Ware’s motion to be relieved as counsel of record for Plaintiff Stephanie Gomez, is denied without prejudice.
Counsel did not use the “Form Adopted for Mandatory Use,” MC-052, as required by California Rule of Court 3.1362. Instead, counsel drafted the supporting declaration on his firm’s pleading paper. (Cal. Rules of Court, rule 3.1362(c) [“The motion to be relieved as counsel must be accompanied by a declaration on the Declaration in Support of Attorney's Motion to Be Relieved as Counsel-Civil (form MC-052)”].) Furthermore, the declaration provided by counsel does not include all the pertinent information that would otherwise have been found in a completed form MC-052. As a result, the court is unable to make all necessary findings to grant the motion.
In addition, counsel failed to complete sections 3, 5.a, 6, 7, 8, and 9 on the proposed order granting attorney’s motion to be relieved as counsel (Judicial Council form MC-053).
Counsel shall give notice of the ruling to all parties and to Plaintiff.
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