Judge: John B. Scherling, Case: 37-2021-00035755-PR-LA-CTL, Date: 2023-09-11 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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CENTRAL COURTHOUSE TENTATIVE RULINGS - September 08, 2023

09/11/2023  10:00:00 AM  502 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:John B Scherling

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Probate  Letters Of Administration Motion Hearing (Probate) 37-2021-00035755-PR-LA-CTL ESTATE OF TA SAN KAO [IMAGED] CAUSAL DOCUMENT/DATE FILED: Motion to Be Relieved as Counsel of Record, 07/28/2023

Pursuant to San Diego County Superior Court Local Rules, rule 4.23.7, the court's tentative ruling is as follows: The Motion to be Relieved as Counsel is DENIED without prejudice.

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).) An attorney may withdraw from representation in the following manner: (1) withdraw or be substituted at any time before or after judgment by the consent of both the client and attorney, or (2) upon application of either the client or attorney after proper notice. (CCP § 284, emphasis added.) Further, the notice of motion and motion, the declaration, and proposed order must be on mandatory judicial counsel forms and served on the client and all other parties who have appeared in the case. (Cal. Rules of Court, rule 3.1362(a), (c), (d).) 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, no proof of service has been filed, and there is no proof of service of the required papers on the client and Kao Shih-Yang, a self-represented party who has requested special notice. (See ROA 26, 34.) Further, on December 1, 2021, Petitioner Miranda Billing filed a surety bond issued by Liberty Mutual Insurance Company. (ROA 21.) There is no proof of service of the required papers on the surety. (Super Ct. San Diego, Local Rules, rule 4.21.1(C) ['Motions for withdrawal where a bond has been filed by a surety must be accompanied by proof of service of the notice required by Probate Code section 1213.'].) In addition, the Proposed Order (on mandatory form MC-053) was not filed. Thus, the motion fails to comply with CRC 3.1362 and Local Rule 4.21.1.

Therefore, the motion is DENIED without prejudice.

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

IT IS SO ORDERED.

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