Judge: Donald F. Gaffney, Case: Morgan v. Duong, Date: 2022-12-21 Tentative Ruling

TENTATIVE RULING:

On September 27, 2022, Trevor Herrera of Day, Day and Brown filed a motion to be relieved as Plaintiff’s counsel.  For the reasons set forth below, the motion is CONTINUED to March 8, 2023, at 9:00 a.m. in this Department.

On Form MC-052, counsel, it appears, attempts to  declare that the motion was served on client by mail at her last known address, which counsel determined through a private investigator search.  However, item #(b)(1) indicating that counsel “confirmed within the last 30 days that the address is current” is not checked; instead, only item #(b)(1)(d) is checked and the reference to “private investigator search” provided.  Furthermore, the proof of service states that the motion papers were served electronically, but there is no email address for Plaintiff on the proof of service.  Thus, it is impossible to determine if Plaintiff has been served at all, let alone properly served.

The motion is continued to March 8, 2023, at 9:00 a.m. in this Department.  Moving counsel to timely file a Proof of Service indicating that all documents required to be served on Plaintiff have, in fact, been timely and properly served on Plaintiff.

Moving Counsel to give notice.