Judge: John B. Scherling, Case: 37-2016-00028238-PR-CP-CTL, Date: 2023-11-17 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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CENTRAL COURTHOUSE TENTATIVE RULINGS - November 16, 2023

11/17/2023  02:00:00 PM  502 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:John B Scherling

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Probate  Conservatorship Of Person And Estate Motion Hearing (Probate) 37-2016-00028238-PR-CP-CTL CONSERVATORSHIP OF TEJINDER SINGH NEELON [IMAGED] CAUSAL DOCUMENT/DATE FILED: Motion to Be Relieved as Counsel of Record, 09/11/2023

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 (ROA 323) is CONTINUED to December 18, 2023, at 10:30 a.m.

for counsel to cure the defects noted below.

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, the motion and declaration are filed on judicial council forms, in compliance with CRC 3.1362.

However, the proposed order (Form MC-053) has not been filed with the Court as required under CRC 3.1362, although the proofs of service indicate service of the proposed order on some of the parties entitled to notice.

The proofs of service filed in September 2023, (ROA 335, 336), which served notice of the original hearing date of December 8, 2023, are defective.

The Notice of Hearing filed on November 2, 2023 (ROA 361) shows service of the notice of the correct hearing date along with the motion papers, but the service list does not include all the parties who have appeared in the case. Specifically, Liberty Mutual Insurance Company and U.S. Specialty Insurance Company, the sureties who posted bonds in this matter (ROA 33, 343), were not served with the motion papers.

Therefore, the motion is CONTINUED to December 18, 2023, at 10:30 a.m. for counsel to file the Proposed Order, serve all parties entitled to notice with all the required papers, and file proof of the same.

Attorney Wilmert is directed to serve notice of ruling on all parties in accordance with the provisions of CCP § 1019.5(a).

IT IS SO ORDERED.

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