Judge: John C. Gastelum, Case: 19-01111387, Date: 2023-03-27 Tentative Ruling

Motion to Be Relieved as Counsel of Record

Ruling:  Off Calendar – no hearing will be held. Attorneys Cara J. Hagan and Jingyun Ren of Hagan & Associates move to be relieved as counsel for Defendant Cesar Lopez.  Moving attorneys failed to file a Proof of Service showing service on the client.  The Proof of Service filed in relation to the Motion to Be Relieved as Counsel establishes proper service on Plaintiff but does not establish proper service on the client.  (Cal. Rules of Court, rules 3.1300 and 3.1362, subd. (d).)

As such, the hearing on the Motion to Be Relieved as Counsel is CONTINUED to Tuesday, January 10, 2023 at 2 pm in Department C11.  Moving Attorneys shall serve the client and all parties with notice of the continued hearing no later than 16 court days before the continued hearing date pursuant to code.

Aside from Moving Attorneys’ failure to file a proof of service on the client, the court finds that all requirements under California Rules of Court, rule 3.1362 have been met.  Upon proper proof of service, the court is inclined the grant the Motion to Be Relieved as Counsel. 

The Case Management Conference is scheduled for February 7, 2023.  (ROA # 74.)  Two discovery motions are also scheduled to be heard at this time.

MP to give notice.