Judge John B. Scherling, Case 37-2022-00006050-PR-PL-CTL 2023-12-22 Tentative Ruling

Judge: John B. Scherling, Case: 37-2022-00006050-PR-PL-CTL, Date: 2023-12-22 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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CENTRAL COURTHOUSE TENTATIVE RULINGS - December 19, 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 Of Administration With Will Annexed Motion Hearing (Probate) 37-2022-00006050-PR-PL-CTL ESTATE OF DESIREE M. MCCAULEY AKA DESIREE M.A. DAVIS-MCCAULEY CAUSAL DOCUMENT/DATE FILED: Motion to Be Relieved as Counsel of Record, 10/17/2023

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 GRANTED subject to proof that the client's address on the proofs of service was confirmed as the last known address in compliance with CRC 3.1362(d).

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.) If the notice is served on the client by mail, as it was done here, 'it must be accompanied by a declaration stating facts showing that either: (A) The service address is the current residence or business address of the client; or (B) The service address is the last known residence or business address of the client and the attorney has been unable to locate a more current address after making reasonable efforts to do so within 30 days before the filing of the motion to be relieved.' (CRC 3.1362(d)(1), emphasis added.) ''Current' means that the address was confirmed within 30 days before the filing of the motion to be relieved. Merely demonstrating that the notice was sent to the client's last known address and was not returned or no electronic delivery failure message was received is not, by itself, sufficient to demonstrate that the address is current. If the service is by mail, Code of Civil Procedure section 1011(b) applies.' (CRC 3.1362(d), emphasis added.) Here, the motion is filed on mandatory judicial council forms in compliance with CRC 3.1362, and the proofs of service show service of the motion papers on the client and on all the parties entitled to notice.

(ROA 29, 31 & 34, Proofs of Service.) However, there is no indication that the client's last known address was confirmed through reasonable efforts made within 30 days before the filing of the motion as required under CRC 3.1362(d). The fact that correspondence sent in September 2023 was not returned is not sufficient, by itself, to establish that the address is current.

Therefore, the motion is GRANTED subject to proof filed before the hearing that the motion papers were Calendar No.: Event ID: TENTATIVE RULINGS

3043063 CASE NUMBER: CASE TITLE: ESTATE OF DESIREE M.

MCCAULEY AKA DESIREE M.A. 37-2022-00006050-PR-PL-CTL properly served on the client at a confirmed address.

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

IT IS SO ORDERED.

Calendar No.: Event ID: TENTATIVE RULINGS

3043063