Judge: John B. Scherling, Case: 37-2021-00047710-PR-PW-CTL, Date: 2023-12-22 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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CENTRAL COURTHOUSE TENTATIVE RULINGS - December 21, 2023

12/22/2023  02:00:00 PM  502 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:John B Scherling

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Probate  Probate of Will - Letters Testamentary Motion Hearing (Probate) 37-2021-00047710-PR-PW-CTL ESTATE OF RAYMOND BREEN [IMAGED] CAUSAL DOCUMENT/DATE FILED: Motion to Be Relieved as Counsel of Record, 09/14/2023

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 is CONTINUED to January 26, 2024, at 2 p.m.

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, there is no proof of service filed indicating proper service of the motion papers and notice of hearing on the client and the parties who have appeared in the case. (Cal. Rules of Court, rules 3.1300(c), 3.1362(d).) Therefore, the motion is CONTINUED for proper service of the motion and proof of the same.

Attorney Philo 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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