Judge: John J. Kralik, Case: 22STCV19090, Date: 2024-05-03 Tentative Ruling
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Case Number: 22STCV19090 Hearing Date: May 3, 2024 Dept: NCB
North
Central District
|
kingsley
c. ukonu, Plaintiff, v. derick tilley
and sherron tilley, trustees of the tilley living trust, et al., Defendants. |
Case No.: 22STCV19090 Hearing Date: May 3, 2024 [TENTATIVE]
order RE: motion to be relieved as counsel |
Plaintiff’s counsel, Alfred O. Anyia of
the Law Offices of Alfred O. Anyia (“Counsel”), moves to be relieved as counsel
for Plaintiff Kingsley C. Ukonu (“Plaintiff”).
Counsel filed this instant motion to be
relieved as counsel on November 13, 2023. Counsel has filed the requisite forms pursuant
to CRC Rule 3.1362. However, the MC-053
proposed order form was rejected by the clerk of the court as it did not
properly fill out Item 6.
According to the declaration of Counsel,
Counsel seeks to be relieved as counsel because Plaintiff passed away on August
19, 2022 and the administrators of the estate have declined to proceed with the
case. (MC-052, §2.) For these reasons, Counsel seeks to withdraw
from representing Plaintiff in this action.
Counsel properly served Plaintiff’s administrators
at their email addresses, which was confirmed by contacting the administrators
(Michelle Quillen and Erika Ochoa) of the estate of the deceased Plaintiff within
the past 30 days of filing the motion.
As for future hearing dates, a Case
Management Conference is set for July 2, 2024. Thus, there is sufficient time for Plaintiff’s
administrators to obtain substitute counsel if they intend to proceed with this
action.
Accordingly, the motion to be relieved as
counsel is granted. The Order to be
Relieved as counsel was rejected because counsel failed to complete number 6 on
the form. Counsel must electronically
file a corrected Order to be signed by the Court. The order will become effective upon the
filing of a proof of service of a signed copy of the order on Plaintiff’s
administrators.
Notice to be provided by Counsel.
DATED: May 3, 2024 ___________________________
John
J. Kralik
Judge
of the Superior Court