Judge: Joseph Lipner, Case: BC707954, Date: 2023-09-21 Tentative Ruling

Case Number: BC707954    Hearing Date: September 21, 2023    Dept: 72

 

SUPERIOR COURT OF CALIFORNIA

COUNTY OF LOS ANGELES

 

DEPARTMENT 72

 

TENTATIVE RULING

 

MAZAKODA, INC.,

 

                                  Plaintiff,

 

         v.

 

SHAWN SHARON MELAMED, et al.,

 

                                  Defendants.

 

 

 Case No:  BC707954

 

 

 

 

 

 Hearing Date:  September 21, 2023

 Calendar Number:  6

 

 

 

The Law Offices of Early Sullivan Wright Gizer and McRae (“Moving Party”) filed a motion (the “Motion”) to be relieved as counsel for Plaintiff.   

 

The Court DENIES the Motion without prejudice.

 

 

Background

 

          On July 18, 2023, Moving Party filed the Motion.  In support of the Motion, Moving Party has only provided the Court with an MC-051 form and a copy of a Notice of Motion for Leave to Withdraw as Counsel filed in United States Bankruptcy Court.

 

Discussion

 

          California Rules of Court, Rule 3.1362(c) provides that “[t]he motion to be relieved as counsel must be accompanied by a declaration” set forth on form MC-052.  A declaration in support of a motion to be relieved as counsel must state in general terms why a motion under Code Civ. Proc. § 284(2) is brought instead of filing a consent pursuant to Code Civ. Proc. § 284(1).  (Cal. Rules of Court, Rule 3.1362(c).)  In support of a motion to be relieved as counsel, the moving party must prepare a proposed order on form MC-053 and lodge such form with the court with the moving papers pursuant to California Rules of Court, Rule 3.1362(e).  “The notice of motion and motion, the declaration, and the proposed order must be served on the client and all other parties who have appeared in the case.”  (Cal. Rules of Court, Rule 3.1362(d).) 

 

          Here, the Motion is deficient as it does not comply with California Rules of Court, Rules 3.1362(c) and 3.1362(e).  Moving Party failed to file and serve a form MC-052 and form MC-053 in support of the Motion. Additionally, upon review of the proof of service as to the Motion, there is no indication that Plaintiff was served in accordance with California Rules of Court, Rule 3.1362(d).

 

          The Court therefore DENIES the Motion without prejudice.

           

Moving Party is ordered to give notice of this ruling.