Judge: Joseph Lipner, Case: 21STCV2493, Date: 2023-09-07 Tentative Ruling
Case Number: 21STCV2493 Hearing Date: September 7, 2023 Dept: 72
SUPERIOR COURT OF CALIFORNIA
COUNTY OF LOS ANGELES
DEPARTMENT 72
TENTATIVE RULING
MELITA SUAZO, et al., Plaintiff, v. HOLLYWOOD’S AUTO INSURANCE SERVICES, INC., et al. Defendants. |
Case No: 21STCV12493 Hearing Date: September
7, 2023 Calendar
Number: 7 |
The motion to be relieved
as counsel for Plaintiffs Melita Suazo and Pearl Campos is DENIED WITHOUT
PREJUDICE.
Background
On May 23, 2023, Paul
Kingston counsel for Plaintiffs Melita Suazo and Pearl Campos filed the instant
motion to be relieved as counsel.
Legal Standard
California Rules of
Court (“CRC”) 3.1362 provides the requirements for a motion to be relieved as
counsel. CRC 3.1362 requires:
1.
A notice of motion and motion to be relieved as counsel that is (1)
directed to client and (2) made on the Notice of Motion and Motion to Be
Relieved as Counsel-Civil (form MC-051);
2.
A declaration on the Declaration in Support of Attorney’s Motion to Be
Relieved as Counsel-Civil (form MC-052). The declaration “must state in general
terms and without compromising the confidentiality of the attorney-client
relationship why a motion under Code of Civil Procedure section 284(2) is
brought instead of filing a consent under Code of Civil Procedure section
284(1)”;
3.
The client and all other parties who have appeared in the case must be
served with (1) the notice of motion and motion, (2) the declaration, and (3) the
proposed order; and
4.
The moving papers must contain a proposed order that is prepared on the
Order Granting Attorney’s Motion to Be Relieved as Counsel-Civil (form MC-053).
The order must state all hearing dates scheduled in the action or proceeding.
Discussion
Counsel filed the
Notice of Motion and Motion to Relieved as Counsel on form MC-051 as required
by CRC 3.1362. Attached to MC-051 form was a signed declaration by counsel but
the declaration was not on form MC-052.
Use of MC-052 is
mandatory, as the form itself makes clear.
Counsel is directed to use Form MC-052 in any future filing.
Moreover, there is no
indication that Counsel served the other parties in this case, as
required. Counsel is directed to file a
proof of service demonstrating service on all parties as well as his clients in
any future filing.
Moreover, Counsel did
not file a proposed order. Counsel is
directed to file a proposed order in any future filing.