Judge: James L. Crandall, Case: 21-1229632, Date: 2022-10-06 Tentative Ruling

Motion to be Relieved as Counsel of Record

Victor W. Luke’s (Moving Attorney) Motion to Be Relieved as Counsel for Plaintiff, Angela Jasmine Martinez Sandoval (Motion) is DENIED without prejudice.

California Rules of Court, rule 3.1362(c) states:

“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). The declaration must state in general terms and without compromising the confidentiality of the attorney-client relationship why a motion under Code of Civil Procedure section 284(2) is brought instead of filing a consent under Code of Civil Procedure section 284(1).”

Moving Attorney’s Motion does not comply with California Rules of Court, Rule 3.1362(c) as no declaration on form MC-052 was filed.

California Rules of Court, rule 3.1362(d) states:

“The notice of motion and motion, the declaration, and the proposed order must be served on the client and on all other parties who have appeared in the case. The notice may be by personal service, electronic service, or mail.”

Moving Attorney’s Motion also does not comply with California Rules of Court, Rule 3.1362(d). The court’s file does not reflect that Moving Attorney served the Motion on his client, or on the parties who have appeared in this case.

Based on the foregoing, Victor W. Luke’s (Moving Attorney) Motion to Be Relieved as Counsel for Plaintiff, Angela Jasmine Martinez Sandoval (Motion) is DENIED without prejudice.

Moving Attorney is to give notice.

Future hearing dates

10/20/22 – (3) Mtns. to Compel

6/16/23 – MSC

7/17/23 – Jury Trial