Judge: Erick L. Larsh, Case: 2020-01164425, Date: 2023-08-03 Tentative Ruling

Attorney Peter Hakim and the law firm of Downtown LA Law Group’s motion to be relieved as counsel of record is granted effective upon the filing of the proof of service of the signed order upon the client, on the condition that by or at the time of this hearing, moving counsel does both of the following:

1. Files a proof of service of the moving papers on the client, showing that he mail-served the papers on the client on or before Friday 7/7/23 (which was the last day he could timely mail-serve the moving papers on the client, see Code Civ. Proc., § 1005, subd. (b)).

At this time, there is no proof of service of the moving papers on the client. The notice of motion and motion, the declaration, and the proposed order must be served on the client ....” (Cal. Rules of Court, rule 3.1362(d).) Although Judicial Council form declaration (Form MC-052) states that counsel has served his client via mail, this attestation alone is not sufficient to satisfy the service by mail requirements of Code of Civil Procedure section 1013, subdivision (a), or the proof of service by mail requirements of Code of Civil Procedure section 1013a. There must be a proper proof of service of the moving papers to proceed.

2. Provides/states his client’s address and phone number for/on the record, so that this information may be included under paragraph 6 of the Judicial Council form [proposed] order (MC-053). Counsel should have included this information in the proposed order at the time he filed it.

If moving counsel fails to cure these defects by or at the time of the hearing, the matter will be continued.