Judge: John B. Scherling, Case: 37-2023-00002093-PR-PW-CTL, Date: 2023-12-08 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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CENTRAL COURTHOUSE TENTATIVE RULINGS - December 07, 2023

12/08/2023  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) 37-2023-00002093-PR-PW-CTL ESTATE OF WILLIAM REX LENDERMAN AKA WILLIAM R. LENDERMAN [IMAGED] CAUSAL DOCUMENT/DATE FILED: Motion to Be Relieved as Counsel of Record, 09/05/2023

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 (ROA 65) is CONTINUED to January 5, 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, the proofs of service (ROA 68, 69) do not show service on U.S. Specialty Insurance Company, the surety that issued the $20,000 bond filed in this case (ROA 40). Thus, the motion is CONTINUED to January 15, 2024, at 2 p.m., for counsel to cure the defect.

Attorney Silverstein 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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